In
a remarkably inappropriate and blatantly political statement Wednesday,
U.S. Chief Justice John Roberts chastised President Trump for the
president’s quite accurate criticism of the 9th U.S. Circuit Court of
Appeals and its rogue district and appellate court judges.
The
spectacle of the ostensibly nonpolitical chief justice engaged in a
dispute with the president of the United States is insulting to the
Supreme Court and to our system of justice.
Shame on the chief
justice. What he did is unforgivable, especially after the corrosive
Senate confirmation battle over now-Supreme Court Justice Brett
Kavanaugh, who was the subject of bitter and baseless partisan attacks
and character assassination by Senate Democrats.
With everyone
looking for ways to remove the high court from the political thicket,
Roberts strode arrogantly right into it. Sad day.
Roberts
responded Wednesday to comments President Trump made to reporters a day
earlier, after a district court judge appointed by President Obama
issued an order to stop Trump’s new emergency restrictions on asylum
claims by immigrants from taking effect.
U.S. District Judge Jon
S. Tigar in San Francisco issued the nationwide injunction blocking the
president’s restrictions. The restrictions would have made it harder for
many of the thousands of Central American migrants now heading toward
the U.S. border in caravans to apply for asylum in America.
“This
was an Obama judge, and I'll tell you what, it's not going to happen
like this anymore," the president said of Tigar. "Everybody that wants
to sue the U.S. – almost – they file their case in the 9th Circuit, and
it means an automatic loss. No matter what you do, no matter how good
your case is. And the 9th Circuit is really something we have to take a
look at, because it's not fair."
“We do not have Obama judges or
Trump judges, Bush judges or Clinton judges,” Roberts shot back
Wednesday, as if he were facing Trump in a presidential candidate
debate. “What we have is an extraordinary group of dedicated judges
doing their level best to do equal right to those appearing before
them."
The spectacle of the ostensibly nonpolitical
chief justice engaged in a dispute with the president of the United
States is insulting to the Supreme Court and to our system of justice.
But
President Trump’s criticism of liberal judges in the 9th Circuit who
were nominated by President Obama was accurate. These judges previously
issued an order blocking the president’s Travel Ban Executive Order that
was designed to protect our country from terrorists crossing our
borders. As President Trump correctly noted, the Supreme Court later
overturned the ruling by the 9th U.S. Circuit Court of Appeals.
Roberts’ comments seemed particularly strange because he had never injected himself into a political debate before.
In
fact, Roberts sat quietly through President Obama’s 2010 State of the
Union Address when Obama sharply attacked Supreme Court justices sitting
in the audience for their ruling in the Citizens United case, which
allowed unlimited political campaign contributions by unions and
corporations.
President Obama falsely claimed in this speech that
the Citizens United ruling allowed massive political contributions by
foreign corporations. It did no such thing.
As the justices sat in
the House chamber listening to his speech, President Obama embarrassed
the court directly and fiercely. Not a peep from Roberts. Only Justice
Samuel Alito quietly mouthed to himself “no, no” as Obama railed against
foreign campaign contributions.
Roberts has said nothing about Obama’s remarks in the eight years since.
So why did Roberts attack President Trump on Wednesday? Well, Trump is not a Democrat.
Many
believe that Roberts caved to political criticism by President Obama
and his Democratic cohorts in a case where Roberts was the decisive vote
in a ruling that found ObamaCare was constitutional – a historic
victory for Democrats.
Roberts clearly accepted the claim by
Democrats in that case that the Supreme Court could not overturn
ObamaCare or the high court would forever harm the republic and subvert
the legislative process and the will of the people.
It is widely
believed that Roberts changed his vote at the last minute to stop the
Supreme Court from overturning ObamaCare in that landmark case because
of pressure from outside forces directed against him.
Indeed, the
wording of various dissents in the ObamaCare case – especially Justice
Antonin Scalia’s – made it clear that Roberts’ decision to find that
ObamaCare was constitutional was political and nothing more – not a
decision based on the Constitution or on the law.
The ObamaCare
ruling was a legacy opinion for Roberts because he couldn’t take another
wave of criticism like what he received from the liberal media, Obama
and the Democrats after his ruling in the Citizens United case. Roberts
caved in an obvious nod to the attacks on him. It was palpable and most
unfortunate.
Roberts’ ObamaCare opinion had a quality of “oh by
the way” and artificiality to it that was apparent to Supreme Court
observers.
So Roberts’ pro-Democratic bias that we saw Wednesday
is nothing new. It is, in fact, a repetition and a return to normal for
him.
The chief justice was institutionally the wrong person to
make his point in criticizing President Trump. If the point was to be
made at all, it should have been made by the usual suspects: the
American Bar Association, any well-known and respected lawyer, or a
prominent media commentator or newspaper editorial page.
The
candidates for attacking President Trump are numerous and inoffensive.
Perhaps Roberts could have chosen his favorite Democrat on the House
Judiciary Committee. At any rate, he chose none of these options. One
wonders why.
Why would Roberts insert himself, at this time, in
this situation, to attack President Trump? He is a very smart man. This
was not an accident or a coincidence.