A former Clinton administration Cabinet official poses an interesting question in light of Supreme Court Chief Justice John Roberts’ rebuke of Donald Trump.
Should they speak out more? asks former Labor Secretary Robert Reich.
My quick answer: no, they shouldn’t.
Roberts said this today: “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. That independent judiciary is something we should all be thankful for.”
It’s a rare rejoinder coming from the nation’s top jurist aimed at the nation’s top governmental executive.
We can argue all day about whether the federal judiciary is actually independent. Justice Brett Kavanaugh’s Senate confirmation hearing showed just how political the high bench has become, many would argue. I won’t join that debate today.
The issue is whether the president should be condemning them or whether judges should be let loose to respond.
Donald Trump has been castigating judges, calling them “Obama judges” or “so-called judges” or judges who oppose his policies because they are appointed to the bench by someone from another political party.
The chief justice is responding cleanly and succinctly to the president.
It’s the rare quality that gives the statement its gravitas, adds weight to it. It lends and air of added ummmph to the chief’s rebuke of the president.
Thus, my hope would be that federal judges — let alone the chief justice of the nation’s highest court — would remain quiet. If they all start offering opinions about careless statements coming from politicians, the frequency would clearly water it all down.
I welcome the chief’s remarks. That they are so rare makes them even more significant.