Just before the past Thanksgiving Day 2018, President Trump went on another one of his attacks against the judiciary. This time, it was a “temporary restraining order” that the Ninth Circuit Court of Appeals issued on November 19th, “blocking a controversial new policy of denying migrants who cross the border between recognized ports of entry the right to appeal for asylum.”
Trump said to reporters, in response to the aforesaid ruling. “That’s not law…Every case, no matter where it is…they file it in what’s called the Ninth Circuit. This was an Obama judge. I’ll tell you what, it’s not going to happen like this anymore.”
The above-mentioned occasion was not the first time Trump vigorously objected to a ruling of the Ninth Circuit.
“Everybody immediately runs to the 9th Circuit,” Trump said early in his administration. “And we have a big country. We have lots of other locations. But they immediately run to the 9th Circuit. Because they know that’s like semi-automatic…You see judge shopping.”
And, as Trump did in his latest statement, he referred to efforts to challenge the judgments of the Ninth Circuit, claiming — incorrectly—that its rulings were overturned eighty percent of the time. “What’s going on in the Ninth Circuit is a shame,” he continued to say emphatically.
Justice Roberts had no reaction at all to Trump’s earlier denunciation of the Ninth Circuit.
But before long, the Chief Justice issued a public statement known hitherto as the first time. “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. That independent judiciary is something we should all be thankful for.
Although the Roberts’ statement did not mention Trump precisely, its intended target was shown in its clarity, including the President, who immediately was known to “fire back on Twitter.”
Trump said: “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.”
Trump said: “Sorry Chief Justice John Roberts, but you do indeed have ‘Obama judges,’ and they have a much different point of view than the people.
Questions have arisen. “Why did Justice Roberts do it?” “Why did the Chief Justice resort to an explanation about the identification of judges that must have weighed on his mind for some time?
Based on the Roberts’ statement which took special objection to Trump’s usage of the “Obama judge” term: However much every citizen might know how conservative presidents choose conservative-leaning judges and liberal presidents pick liberal-leaning judges, history says that both parties, particularly the Republican Party, have had as one of their central goals the appointment of judges with a “particular ideological tilt.”
Judicial analysts do not hesitate to state how the larger purpose of the Roberts’ reaction to Trump’s statement was. It is extra-lucid that he stood up for individual judges as soon as he could.
The Chief Justice’s intervention may well have been to defend the independence of his own court, which is increasingly threatened by Trump’s known efforts to politicize everything emphatically.
The majority of members of the citizenry of the United States have known how Roberts has shown what his thoughts are on the politicization of the Court in his crafting of Year 2012’s ruling on the
legislation called the Affordable Care Act.
Roberts’ opinion was one that caught those who opposed the ACA . It deemed that particular law portrayed a legal exercise of Congress’ right to levy taxes. That same opinion was “widely seen”
.and lauded as finding a “middle ground” that would “avoid having the Court consumed in partisan warfare.”
Very lately, Trump is seen as “threatening to undo” the handiwork of the Affordable Care Act.
Ever since the confirmation of the latest associate justice, Brett Kavanaugh, and the ‘solidification’ of a five-to-four conservative majority among the nine Justices, Trump has made it clear that he “sees”
the Supreme Court as his political ally.
Trump repeated in his comments: “Every case in the Ninth Circuit we get beaten and then we end up having to go to the Supreme Court, like the travel ban, and we won.” Illustrating further what he
insisted the highest court of the nation has done for him, the president referred to the latest ruling of his “asylum policy.”
“We will win that case in the Supreme Court of the United States,” was Trump’s vigorous statement that told volumes of his extreme confidence and virtual regard in his anticipation of what he virtually
is certain of.