In the hours following President Donald Trump’s call for the impeachment of a federal judge, Chief Justice John Roberts of the U.S. Supreme Court suggested that the president was violating a fundamental principle of American government.
“Impeachment has been deemed inappropriate as a response to disagreements regarding a judicial decision for more than two centuries.” “That is the purpose of the standard appellate review process,” Roberts stated in a public statement.
Trump’s call to impeach Chief U.S. District James Boasberg, a lifetime appointee who had ruled against one of his deportation policies in a D.C. federal court, symbolised a significant escalation in his administration’s confrontation with the courts, which have impeded numerous of his recent initiatives.
A number of judges have already determined that the Trump administration, which has implemented a scathing array of executive orders while advancing Trump’s mass deportation agenda, has likely violated the Constitution or federal laws.
The administration has been directed to immediately cease the firing of federal employees, certain deportation flights, the prohibition of transgender soldiers from serving in the military, and a variety of other executive actions.
The administration’s attempt to dismiss Mahmoud Khalil’s challenge to his deportation was rejected by Manhattan-based Judge Jesse Furman, an Obama appointee, on Wednesday. While a student at Columbia, Khalil protested Israel’s military campaign in Gaza, prompting the administration to pursue his deportation.
As a variety of judges have rendered decisions that contradict Trump’s policies in these instances, certain Trump officials and allies have not only criticised the rulings but have also condemned the court system and jurists.
Karoline Leavitt, the White House press secretary, stated on March 13 that if a federal district court judge desires executive powers, they may attempt to run for president themselves. This statement was made in response to California federal Judge William Alsup, a Clinton appointee, who claimed that the administration had violated legal requirements and was compelled to rehire tens of thousands of employees.
Still, Tuesday represented a new milestone: the chief justice of the nation’s highest court appeared to be explicitly criticising the incumbent president and suggesting that Trump was targeting the American judicial system by calling for the impeachment of a judge.
Starting in 1803, there have been only 15 federal justices who have been impeached in the United States. Eight were found guilty, and three others resigned prior to the conclusion of their impeachment proceedings. In accordance with the Constitution, a federal judge may only be impeached for treason, extortion, or other “high Crimes and Misdemeanours.”
It is unclear how Boasberg could have met that standard, as Trump did not provide any explanation in his social media post.
In 2021, Maryland Representative Jamie Raskin, a Democrat and former constitutional law professor who led the House managers’ prosecution of Trump at his second impeachment hearing, posited that Trump’s call for the judge’s ouster was an assault on the judiciary’s independency.
Trump “is not advocating for the impeachment of any judges who have found in his favour.” In a statement released on Tuesday, Raskin, the senior Democrat on the House Judiciary Committee, stated that his policy is unambiguous: “Either rule in Trump’s favour or face impeachment.”
Despite the fact that Trump did not explicitly target Roberts, he did not renounce his call for the district judge’s impeachment during an interview with Fox News’ Laura Ingraham later on Tuesday.
“We have very bad judges, and these are judges that shouldn’t be allowed,” the president stated. “I think at a certain point you have to start looking at what do you do when you have a rogue judge.”
Similarly, the chief justice’s remarks appeared to have little impact on a number of Trump allies, indicating that the Trump administration’s conflict with the judiciary and the judicial system may be just beginning to escalate.
Elon Musk, who has been at the forefront of Trump’s initiative to significantly shrink the federal government, appeared to emulate Roberts’ language regarding the past two centuries of American history in a post on X on Wednesday. The post reiterated the call for the impeachment of justices.
“The legal system has never been subjected to such severe abuse by activists who pose as judges in over two centuries.” Impeach them,” Musk stated in his post.
The sentiment was echoed by the long-standing conservative Newt Gingrich.
The former Republican House speaker posted on X Tuesday that the Chief Justice has the ability to defend the Court by overruling bad justices before the Executive and Legislative Branches begin to act against them. “The burden is on the Chief Justice not the President.”
Nevertheless, certain Trump officials have seemed to at least toy with the notion of defying court orders in their rhetoric.
In response to court rulings that criticised the administration’s deportation strategies, Trump border coordinator Tom Homan stated on “FOX & Friends” Monday, “We are not stopping.” These rulings suggested that the administration was circumventing the law.
“I have no regard for the opinions of the judges.” I do not care what the left believes. “We are on our way,” Homan announced.
In an additional Monday interview, FOX News’ Jeanine Pirro enquired of Attorney General Pam Bondi whether the administration is permitted to continue with deportation flights under the 1798 Alien Enemies Act in light of a restraining order issued by a judge prohibiting them.
Roberts’ court has also consistently opposed the Trump administration’s actions, and Tuesday was not the first occasion on which Roberts spoke out against a political figure’s remarks regarding the judiciary.
Sen. Chuck Schumer (D-NY) made “inappropriate” and “dangerous” comments in 2020, according to Roberts, when he stated that the justices had “released the whirlwind, and you will pay the price.” In the midst of an abortion case, Schumer made the remarks as the justices were hearing arguments.
Following his Tuesday statement, Roberts’ remarks were met with both criticism and praise.
“This is merely another instance of judges exceeding the limits of their authority,” wrote Adrian Vermeule, a Harvard law professor, on X. Vermeule remarked that Roberts was inappropriately commenting on the impeachment power that the Constitution reserves for Congress outside of a court opinion.
Former Supreme Court Justice Stephen Breyer stated on CNN’s “The Situation Room” that Roberts’ remarks were appropriate.
“He’s trying to explain to the people of this country how the legal system works and how it doesn’t work,” according to Breyer. “It doesn’t work by impeaching a judge because you don’t like his decision.”
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