I remain fully committed to the proposition that the nation’s founders got it exactly right when they established a system whereby federal judges get lifetime appointments to serve in a co-equal branch of the U.S. government.
These judges are intended to be independent of political pressure from the presidents who appoint them.
Thus, I am wondering about U.S. Supreme Court Chief Justice John Roberts’ stern rebuke of Donald Trump’s implication that judges are beholden to the men who nominate them to the federal judiciary.
Roberts issued the rarest of rejoinders in reminding Trump that there are “no Obama judges, or Trump judges, or Bush judges or Clinton judges.” They are independent thinkers and adjudicators, he said.
I wonder if the chief justice didn’t actually fire a shot across the front of the rest of the federal judiciary as well, reminding his colleagues of the responsibility they all have to follow the law without regard to the president who nominated them.
I wonder as well if that lesson will be heeded, for example, by the two men Donald Trump has selected for the nation’s highest court: Justices Neil Gorsuch and Brett Kavanaugh.
Both men have pledged to follow the law and to be faithful exclusively to the U.S. Constitution, which they all have taken oaths to preserve and protect.
Donald Trump appears for all the world to be making the judicial system loyal to him, irrespective of what the law dictates. That is what I believe Chief Justice Roberts was seeking to address with his statement today.
And of course, the president isn’t taking the criticism quietly and respectfully. He is firing back at the chief justice. Trump said in a tweet: “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.”
Good grief, Mr. President.
Yes, judges have differing points of view. To say that they are beholden to partisan politicians steeps to cynical depths we haven’t seen before.
It is demagoguery, pure and simple.