Trump keeps attacking US Supreme Court

Donald Trump is having another spat, this time with the US Supreme Court. Presidents are supposed to keep a distance from Justice branch and not interfere, but Trump continues to do as he pleases.

NY Times:  Trump Takes Aim at Appeals Court, Calling It a ‘Disgrace’

President Trump lashed out on Tuesday against the United States Court of Appeals for the Ninth Circuit, based in San Francisco, calling it a lawless disgrace and threatening unspecified retaliation.

“That’s not law,” he said of the court’s rulings. “Every case that gets filed in the Ninth Circuit we get beaten.”

“It’s a disgrace,” Mr. Trump said.

Mr. Trump’s remarks came after a federal trial judge ordered the administration to resume accepting asylum claims from migrants no matter where or how they entered the United States.

NY Times: Chief Justice Defends Judicial Independence After Trump Attacks ‘Obama Judge’

Chief Justice John G. Roberts Jr. defended the independence and integrity of the federal judiciary on Wednesday, rebuking President Trump for calling a judge who had ruled against his administration’s asylum policy “an Obama judge.”

The chief justice said that was a profound misunderstanding of the judicial role.

“We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” he said in a statement. “What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.”

That blunt statement may represent a turning point in the relationship between the heads of two branches of the federal government, which until Wednesday had been characterized by slashing attacks from the president and studied restraint from the chief justice.

Chief Justice Roberts, who was appointed by President George W. Bush, made his statement as he is adjusting to a new dynamic on the Supreme Court. The arrival last month of Mr. Trump’s second appointee, Justice Brett M. Kavanaugh, thrust the chief justice into the court’s ideological center, a spot that had long belonged to Justice Anthony M. Kennedy, who retired in July.

Trump bit back.

Fox news: Trump continues war of words with Chief Justice Roberts; calls 9th Circuit Court a ‘total disaster’

President Trump on Thursday continued his attack on Supreme Court Chief Justice John Roberts and the Ninth Circuit Court of Appeals, calling the court in California a “total disaster” with a “horrible reputation.”

While Trump was correct that 79 percent of the Ninth Circuit Court’s ruling that the Supreme Court heard were overturned – at least between 2010 and 2015 – its reversal rate is not the absolute highest in the country. That title would go to Sixth Circuit, which serves Ohio, Michigan, Kentucky and Tennessee, with an 87 percent average between 2010 and 2015.

The president’s tweet on Thanksgiving morning is just the latest in a series of social media postings slamming the Ninth Circuit Court after U.S. District Judge Jon S. Tigar issued a temporary restraining order late Monday against Trump’s plan to refuse asylum to immigrants who cross the southern border illegally if they do not arrive at a port of entry.

At a press conference Trump talked about the 9th Circuit, saying “everybody knows it is out of control”.

It will raise a few judicial eyebrows if trump keeps attacking judges who deliver judgments that he doesn’t like. It should also raise political eyebrows, but Trump is likely to be given a pass again by GOP politicians.

Presidents have a lot of power. Some want to exercise more power than they are able to. The judiciary is an important check on authoritarian power.

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17 Comments

  1. David

     /  November 23, 2018

    Its crazy that you can have some district court judge overturn immigration policy especially given most judges are political appointments and the 9th circuit appeals court gets overturned 80% of the time which is a horrific figure.
    Republicans used this tactic but filed mainly in Texas and the Democrats file mainly in San Fran and Hawaii in front of very liberal judges.

    Reply
    • It is the US political/judicial system. If you have politically appointed judges you have more risk of politically leaning judgments.

      The Supreme Court is supposed to be the ultimate balance of justice and against politicians using too much power. Trump has made a big deal of stacking the Supreme Court and other courts with judges he thinks will favour him and what he wants, so you can hardly grizzle when other judges politician appointed judges don’t play ball.

      Reply
      • Gezza

         /  November 23, 2018

        There’s no reason why David shouldn’t grizzle – it’s just that, for the reasons you state – nobody needs to give a damn. Yanks are foreigners anyway. Who cares?

        Reply
        • The Consultant

           /  November 23, 2018

          nobody needs to give a damn. Yanks are foreigners anyway. Who cares?

          I guess Pete George does, otherwise he wouldn’t post so frequently about the USA and Trump.

          Reply
      • David

         /  November 23, 2018

        The whole court set up is terrible and probably a result of the ineptness of the politicians to actually legislate and sort out these messes. One would think they like not solving them because it gives them something to smack the other side about and no one wants to upset a lobby group.
        Justice Roberts comments could equally be aimed at some of the more activist judges on the 9th circuit reminding them the are there to uphold the constitution not interpret it along partisan lines.

        Reply
        • Gezza

           /  November 23, 2018

          Look, the US is really a collection of 50 different mainly-English-speaking countries bound together in a federation with political state and federal that always annoy the hell out of someone. Seen in that context Trump’s just another annoyed whiner.

          Reply
          • Gezza

             /  November 23, 2018

            Damn.
            *state and federal Courts

            Sorry, I went back to sleep & haven’t really woken up properly. Even so, I reckon I’m still winning.

            Reply
  2. David

     /  November 23, 2018

    Justice Roberts should probably have a look at his own court where you can accurately guess which way 5 of the justices will vote before anybody has given evidence.
    Obama had a crack at him several times and Bush gave the court a serve as well but this didnt seem to be portend of a constitutional crisis.

    Reply
  3. artcroft

     /  November 23, 2018

    According to the article the court has an “ideological center,” which means there are Trump Judges, Bush judges and Obama Judges. Everyone knows this. It weakens the office of Chief Justice when you can’t admit to what everyone knows it true.

    Reply
  4. Noel

     /  November 23, 2018

    Not Supreme Court. 9th Circuit is a appeal court in California.

    Reply
    • Alan Wilkinson

       /  November 23, 2018

      Exactly, Trump is attacking the 9th Circuit and the Supreme Court judge is trying to defend them (and the indefensible).

      Reply
  5. The Consultant

     /  November 23, 2018

    From the same sort of people who appoint those wonderful “Obama” judges: Happy Thanksgiving:

    Reply

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