Justice John Roberts Openly Rebukes President Trump

Justice John Roberts Openly Rebukes President Trump November 21, 2018

He’s right, and I’m glad he said it.

Supreme Court Justice John Roberts is speaking out against a petulant president, who doesn’t understand his role as president, nor does he understand the role of the courts.

On Tuesday, President Trump answered questions from the press, in regards to a recent ruling by Federal District Court Judge Jon Tigar.

Tigar, who is out of San Francisco, put a temporary hold on the Trump administration’s call to cease consideration for asylum applications from immigrants that cross into the country illegally.

“You go the 9th Circuit and it’s a disgrace,” Trump said. “And I’m going to put in a major complaint because you cannot win — if you’re us — a case in the 9th Circuit and I think it’s a disgrace. This was an Obama judge. And I’ll tell you what, it’s not going to happen like this anymore.”

We won’t get into the legalities of a president making an arbitrary decision about what laws he likes or dislikes. If we wouldn’t accept it from any other president, how does Donald Trump feel he gets to make those calls?

In an interview with the Associated Press, Justice Roberts took apart the president’s statement.

Asked Wednesday by the Associated Press about the president’s comment, Roberts responded, “We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.”

He added on the day before Thanksgiving that an “independent judiciary is something we should all be thankful for.”

This isn’t Roberts’ first time giving comments, in regards to the partisanship of judges.

“I will not criticize the political branches,” he said in a speech in October. “Our role is very clear. We are to interpret the Constitution and laws of the United States and ensure that the political branches act within them.”

This is where I step back and point out that there have been too many times where it seems that the Supreme Court has done more than just interpret the law. They’ve manipulated policy.

That’s what it seems like, but Roberts insists it is otherwise, and that’s how it should be.

So how long do you think it will take for President Thin Skin to push back against Roberts?

Well, not that long. As I was in the process of writing this, the news came that Trump has interrupted his vacation to lash out.

Because of course he did.

“Sorry Chief Justice John Roberts, but you do indeed have ‘Obama judges,’ and they have a much different point of view than the people who are charged with the safety of our country,” the president said on Twitter.

He also said the judicial 9th Circuit, which covers the country’s West Coast, fails the test of being an independent judiciary.

That’s his opinion, and he’s free to it, but we’re seeing a time like no other in our nation’s history.

We have a president openly squabbling with the Supreme Court, based on his lack of knowledge of our nation’s laws, and an administration that is too weak to push back and prevent him from making the kinds of decisions that are destined to fail.

 

 

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  • JASmius

    First, let’s unpack Trump’s original comment.

    The Ninth Circus, by and large, IS a disgrace. It’s been the most left-wing activist appellate court in the country for decades. Trump should know, because he appointed at least one of its left-wing activist judges this very year. When left-wing activists judge-shop, the Ninth Circus is among their favorite choices. It’s not the most reversed appellate court in the country, but I do recall one instance almost thirty years ago where the SCOTUS reversed them several times on one case in a single day, which is probably what gave them that reputation. What Trump means by, “I’ll tell you what, it’s not going to happen like this anymore” is anybody’s guess, since plaintiffs initiate court injunctions, not respondents, and he doesn’t have the authority to ban individuals or organizations from filing suit against his executive orders in the venues they choose. Nor does he have the authority to restrict appellate jurisdiction, as that is part of the legislative power belonging to Congress, and no Congress is ever going to attempt to curtail the federal judiciary’s extraconstitutitional power because the “judicial review” doctrine dating back to Marbury v. Madison is immutably entrenched. Perhaps he means that after Brett Kavanaugh’s elevation to Olympus, he’s confident he can appeal Judge Tigar’s ruling against his asylum ban EO and get it overturned. I hope that’s what he means, because any other alternative explanation sounds like a presidential coup de tat.

    Second, let’s understand what Trump means by “Obama judges” versus what actual conservatives mean. When we use the term, we mean “leftwing judicial activists” as opposed to originalists/”strict constructionists”. Judges that legislate from the bench versus those who adhere to the plain and original intent of the law and the Constitution. Thus, “Obama judges” and “Clinton judges” mean the same thing: partisan liberal judges who will conjure up “rights” that don’t actually exist and whose rulings will pursue desired policy ends left-wing activists can’t achieve legislatively. Conservatives oppose judicial activism itself on principle, regardless of which side would benefit, not merely judicial activism toward liberal ends.

    That is NOT what Trump means. He has no objection to judicial activism; he just wants it to work in his favor and against his enemies. It’s the closest thing he has to a judicial philosophy, and it’s the same philosophy that defines his entire life: corrupt self-interest. He fully expects that the judges and Justices appointed in his name work for him and will rule as he wants and tells them to rule, same as he thinks Congress works for him and should legislate as he wants and tells them to legislate. He considers himself to be the “Boss of the United States,” not the president, with not just the Executive Branch, not just the entire federal government, not just the States, not just the people, but the entire country reporting and answering to him. It’s how he’s run the “Trump Organization” for forty years and it’s how he wants to run the country. With his ego, he can’t imagine functioning any other way. This is why we constantly hear the media talking about his erosion of “norms” and undermining civic institutions and the rule of law; all of these things are, in his mind, annoying, frustrating obstacles to him doing and getting what he wants. They’re the first instances in his misbegotten life of him ever being told, “NO!”, and he is psychologically incapable of accepting that. Hence, his “autocratic”/”dictatorial” impulses. They don’t derive from malevolence or megalomania per se; it’s just….”Trump being Trump”.

    It will not end well. The pity is that that ending will affect far more of us than just him.

  • Polarbearpapa

    As too our glorious leader and his problematic pontifications …

    13 Fools base their thoughts on foolish assumptions, so their conclusions will be wicked madness;14 they chatter on and on.

    Ecclesiastes 10

  • Johnny.Middlefinger

    The same Justice Roberts that gave us Obamacare? I have to say that there is big touch of radical judge’s that are Obama judges as much as there are Clinton judges. To deny that there are judges who rule with their ideology is a big mistake. It seems to me Conservative judges adhere to the constitution. Liberal judges bend it to first their needs.

    I’m not a big supporter of Trump. But he is right to a degree. It’s time to call evil out when it’s necessary. Just as we should call Trump out on his.

  • Stephen

    I may not agree with Justice Roberts on everything he says. But boy is he right on this one. This president is a want to be dictator. Trying to change laws with a decree. The Judge from the 9th is correct. Anyone can enter our borders anywhere and ask for asylum. Not just at ports of entry. This is by our laws and international law.

  • brad

    I believe in plain God with good and evolution both. Science and God can be true .
    Non religious people can believe in God also and keep our lives the way they are not with the bible or Koran