China Daily (Hong Kong)

Clash in US over judicial neutrality

Chief justice rebuts ‘unusual’ criticism of judge from president

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WASHINGTON — US President Donald Trump and Chief Justice John Roberts have clashed in an extraordin­ary public dispute over the independen­ce of judiciary of the United States, with Roberts bluntly rebuking the president for denouncing a judge who rejected his migrant asylum policy as an “Obama judge”.

There’s no such thing, Roberts declared in a strongly worded statement contradict­ing Trump and defending judicial independen­ce. Never silent for long, Trump defended his own comment, tweeting defiantly: “Sorry Justice Roberts.”

The pre-Thanksgivi­ng dustup was the first time that Roberts, the Republican-appointed leader of the federal judiciary, has offered even a hint of criticism of Trump, who has several times blasted federal judges who have ruled against him.

Before now, it has been highly unusual for a president to single out judges for personal criticism. And a chief justice’s challenge to a president’s comments is downright unprecewas dented in modern times.

It seemed a fight that Trump would relish but one that

Roberts has taken pains to avoid. But with Roberts’ court feeling the heat over the president’s appointmen­t of Justice Brett Kavanaugh, Roberts and several of his colleagues have gone out of their way to rebut perception­s of the court as a political institutio­n divided between five conservati­ve Republican­s and four liberal Democrats.

‘Politicize­d’ courts

Trump’s appointmen­ts to the Supreme Court and lower federal courts have themselves spurred charges that the courts are becoming more politicize­d. As the justice widely seen as closest to the court’s middle, Roberts could determine the outcome of high-profile cases that split the court.

The new drama began with remarks Trump made on Tuesday in which he went after a judge who ruled against his migrant asylum order. The president claimed, not for the first time, that the federal appeals court based in San Francisco biased against him.

Roberts had refused to comment on Trump’s earlier attacks on judges, including the chief justice himself. But on Wednesday, he spoke up for the independen­ce of the federal judiciary and rejected the notion that judges are loyal to the presidents who appoint them.

“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,” Roberts said.

On the day before Thanksgivi­ng, he concluded: “The independen­t judiciary is something we should all be thankful for.”

Trump hit back from his resort home in Florida, questionin­g the independen­ce of federal judges appointed by his predecesso­r and confirmed by the US Senate. He especially criticized judges on California’s 9th US Circuit Court of Appeals.

“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,” he said on Twitter.

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