Sun Sentinel Palm Beach Edition
How presidents have navigated pending court cases in the past
WASHINGTON — President Donald Trump’s effort to influence the federal appeals judges who were considering whether to reinstate his restrictions on entry into the U.S. was notable for the highly public setting — a televised speech — and the criticism that Trump aimed at the judicial system.
Here’s how it compares with some other presidents weighing in on pending court cases, ranging from cajoling to avoiding the topic altogether.
In a speech in Cleveland, Johnson lamented the struggles of implementing the law as Heart of Atlanta Motel v. United States, a challenge to the 1964 Civil Rights Act, sat before the court. He did not comment on the case itself. “It is now in the Supreme Court and we have had lots of difficulty with it, but we have tried to be patient and we have tried to be understanding.”
Asked about Regents of the University of California v. Bakke, Carter pointed to the separation of powers in avoiding comment. “It’s in the hands of the Supreme Court and we have filed our position ... there’s nothing additionally that we would do until after the Supreme Court rules.”
Bowsher v. Synar produced a landmark decision on the separation of powers itself. Reagan opened a news conference by remarking on a recent lower-court ruling in the case but chose to steer the conversation to the underlying issue, the federal budget. “We await a final Supreme Court decision, but nothing the court says should or will remove our obligation to bring overspending under control.”
On the day that an abortion-related case, Webster v. Reproductive Health Services, was argued before the Supreme Court, Bush was asked about it at a news conference but demurred. When a reporter pressed him, Bush, who had spoken out multiple times against abortion, hinted that he wanted to make his position known but stopped short of stating it plainly. “I hate to not respond to your question. But the court is probably going to make a decision very soon, and I would prefer to address myself to the question after the court has decided.”
Obama was the first president to make a persistent public push for his side of a pending court case; his landmark health care law hung in the balance. But his tone was subtler than Trump. First, during a news conference in 2012, Obama urged justices to respect the separation of powers.
“I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress,” he said.
Obama followed up a day later by suggesting the justices follow precedent. “I expect the Supreme Court actually to — to recognize that and to abide by wellestablished precedents out there,” he said.
The Supreme Court eventually ruled in favor of the Obama administration in the case, National Federation of Independent Business v. Sebelius, as it would later in King v. Burwell.