Trump, Roberts clash over judiciary
Chief justice slams ‘Obama judge’ remark
WASHINGTON: President Donald Trump and Chief Justice John Roberts clashed in an extraordinary public dispute over the independence of America’s judiciary, with Mr Roberts bluntly rebuking the president for denouncing a judge who rejected his migrant asylum policy as an “Obama judge’’.
There’s no such thing, Mr Roberts declared on Wednesday in a strongly worded statement contradicting Mr Trump and defending judicial independence. Never silent for long, Mr Trump defended his own comment, tweeting defiantly, “Sorry Justice Roberts’’.
The pre-Thanksgiving dust-up was the first time that Mr Roberts, the Republicanappointed leader of the federal judiciary, has offered even a hint of criticism of Mr 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 unprecedented in modern times.
It seemed a fight that Mr Trump would relish but one that Mr Roberts has taken pains to avoid. But with Mr Roberts’ court feeling the heat over the president’s appointment of Justice Brett Kavanaugh, Mr 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.
Mr Trump’s appointments to the Supreme Court and lower federal courts have themselves spurred charges that the courts are becoming more politicised. As the justice widely seen as closest to the court’s middle, Mr Roberts could determine the outcome of high-profile cases that split the court.
The new drama began with remarks Mr Trump made on Tuesday in which 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 was biased against him.
Mr Roberts had refused to comment on Mr Trump’s earlier attacks on judges, including the chief justice himself. But on Wednesday, after a query 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,’’ Mr Roberts said.
On the day before Thanksgiving, he concluded, “The independent judiciary is something we should all be thankful for’’.
Mr 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 criticided 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,’’ the president tweeted.
If the 9th Circuit judges are independent, he said, “why are so many opposing view (on Border and Safety) cases filed there, and why are a vast number of those cases overturned ... these rulings are making our country unsafe! Very dangerous and unwise!’’
Mr Trump has never been reticent about criticising the judiciary. Last year, the president scorned the “so-called judge’’ who made the first federal ruling against his travel ban.