Saturday, November 16, 2024
 
Supreme Court Justice Hits Back at Trump’s Rhetoric, a Reassuring Sign

WASHINGTON, D.C. Nov. 26 (DPI) – Supreme Court Justice John Roberts issued a statement last week asserting that Trump had “a profound misunderstanding of the judicial role” after the president complained of “Obama judges” in the federal court system.

“We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Roberts said last week in a statement. “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.”

Thousands of readers across the political spectrum aired their views about Roberts’ largely unprecedented response to a sitting president. “A Chief Justice publicly correcting a US President is a historic event” wrote one poster on WSJ.com. “Only an unfit President requires such correction.”

Indeed, after two years now of scorching rhetoric from Trump, and fears of much greater political interference in various reliably independent institutions, the pushback from Supreme Court Chief Justice was widely seen as not only justified but necessary.

Much of Trump’s nastiness, of course, stemmed from decisions by the California-based Ninth Circuit Federal Court of Appeals, which has a reputation for taking judicial activism to a new level. Conservative pundits call it the “Nutty Ninth.”

But several readers pointed out that the Ninth District does not see its decisions overturned by the Supreme Court with any greater frequency. “The 9th Circuit’s reversal rate is higher than average, but it’s not the highest among the circuit courts,” wrote one poster on WSJ.com. “That distinction goes to the 6th Circuit, which serves Ohio, Michigan, Kentucky and Tennessee, with an 87 percent average between 2010-15. The 9th Circuit placed third.”

Among the most popular comments linked to the report on NYTimes.com:

A rebuke such as this has been a long time (too long) in coming. Too bad he didn’t speak out when Republicans refused to hold a hearing on Merrick Garland. Also too bad that his concern for independence of the judiciary did not extend to having a congress that is not permanently indebted to powerful moneyed interests for helping it get elected.

Chief Justice Roberts makes two very important points in his statement, the obvious rebuke to the Executive for Trump’s vile statement, and an important guidance to the Judiciary to reject and avoid being embroiled in the partisan division destroying the rest of the government. Well done, Chief Justice.

I am an international development specialist on the rule of law and administration of justice. In counties such as Paraguay, Honduras and Albania where I have worked, the politicization of the judiciary – appointment of judges by political party patrons who retain control over decision making by those judges when convenient – destroys public trust in the judiciary and undermines their weakened democracies. U.S. federal judges act very independently after appointment, thank goodness, and it is essential to our system that their independence is defended.

And from WSJ.com:

A Chief Justice publicly correcting a US President is a historic event. Only an unfit President requires such correction.

The Supreme Court reversed about 70 percent of cases it took between 2010-15. Among cases it reviewed from the 9th Circuit Court of Appeals, it reversed about 79 percent.
The 9th Circuit’s reversal rate is higher than average, but it’s not the highest among the circuit courts. That distinction goes to the 6th Circuit, which serves Ohio, Michigan, Kentucky and Tennessee, with an 87 percent average between 2010-15. The 9th Circuit placed third.

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