Chief Justice John Roberts says putting fence around Supreme Court was ‘hardest decision’

Chief Justice John G. Roberts Jr. says the hardest decision he has made in his nearly two decades on the Supreme Court was putting up a fence around the court last year amid protests over the justices rolling back national abortion rights.

Chief Justice Roberts discussed his decision to erect a fence during a speech Tuesday night at the American Law Institute.

The decision followed the unprecedented leak of a draft opinion revealing the court was poised to overrule Roe v. Wade. About a month later, the high court issued a ruling sending the abortion issue back to the states, effectively doing away with Roe.

Pro-choice activists protested at the high court and the homes of conservative justices. A California man traveled to the Maryland home of Justice Brett M. Kavanaugh with plans to assassinate him, authorities say.

“I had no choice but to go ahead and do it,” Chief Justice Roberts said of erecting fences and barricades around the Supreme Court.

In his remarks, the chief justice pushed back against Democratic lawmakers’ moves to pass legislation mandating ethics on the justices. He said the high court can police itself.

“I want to assure people I am committed to making certain that we as a court adhere to the highest standards of conduct. We are continuing to look at things we can do to give practical effect to that commitment,” he said.

Critics have said the justices need a code of ethics after a series of news stories about Justice Clarence Thomas emerged over the past month questioning his luxury vacations with GOP megadonor Harlan Crow and Mr. Crow having bought Justice Thomas’ mother’s home despite her continuing to reside there. He also paid for Justice Thomas’ nephew to attend private school, according to reports by ProPublica.

Justice Thomas has defended his friendship with Mr. Crow, and said he consulted with colleagues about disclosure requirements and didn’t skirt any rules.

In an interview published Monday by The Atlantic, Mr. Crow denied talking to Justice Thomas about the high court or matters pending before it. He also said the purchase of Justice Thomas’ mother’s home was a fair market transaction.

“I don’t see the foot fault,” Mr. Crow said.

Senate Judiciary Committee Democrats, — led by Sen. Richard J. Durbin of Illinois, have held at least two hearings on ethics concerns for the justices. They invited Chief Justice Roberts to testify, but he declined.

The high court doesn’t have a mandatory code of ethics, even though lower court judges are expected to avoid impropriety or do business with anyone who may come before the bench.

Chief Justice Roberts has said the high court has generally followed the Judicial Conferences’ Code of Ethics that are binding on lower courts — but not the Supreme Court — since 1991.

He said all justices must file disclosures that are reviewed by the Judicial Conference Committee on Financial Disclosure and follow what lower courts do with recusals. But he noted that the system is flexible, given the composition of the high court.

He also said that amid increased threats, the justices sometimes don’t disclose their travel arrangements for security reasons.

The 10 Republicans on the Senate Judiciary Committee last week sent a letter to Mr. Durbin saying he’s weaponizing the panel for partisan reasons aimed at the high court. They urged him to stop the inquiry into Mr. Crow and spend time on other efforts like the fentanyl epidemic.

“Your requests appear misaligned and political. Further, they only target conservative members of the Supreme Court,” the Republicans’ letter to Mr. Durbin reads.