Chief Justice Roberts vs. President Trump

Rarely, if ever, has the American public witnessed an open and notorious scolding of its President by the most elevated member of the United States judiciary. But Chief Justice Roberts couldn’t take it anymore. He felt compelled to speak out after repeated episodes involving President Trump disparaging federal judges at both the district court and appellate court level on the basis of the political affiliation of the U.S. president who appointed them.

The tipping point occurred not long ago when President Trump openly criticized a federal district court judge in California as an “Obama” judge when he ruled against the Trump administration on an important immigration policy. This outburst was only the latest in a series of harangues directed by the President against the federal judiciary.

The latest contretemps occurs on the heels of the recent Kavanagh nomination process which exposed the raw political fault lines of not only the U.S. Senate but the electorate as a whole. Rather than allowing the waters to calm and exhibiting some executive leadership, President Trump has made it even more difficult for Chief Justice Roberts to welcome the newest Justice to the Court and bring some unity to the Supreme Court as it tackles its current caseload.

It is important to remember that the Chief Justice plays a crucial role in seeking consensus among the nine justices. Chief Justice Roberts takes this role very seriously. He has surprised, both pleasantly and unpleasantly, a number of Court observers. However, his conduct as Chief Justice reflects his belief that judicial integrity and adherence to the rule of law is paramount. Indeed, in 1803, Chief Justice Marshall established this principle under the Constitution making it clear that the Supreme Court stands as a separate and independent third branch of the federal government.

Since the decision by Justice Marshall in the famous case Marbury v. Madison, the Supreme Court has functioned as an indispensable element in the successful conduct of affairs in the United States. It is to protect this principle that Chief Justice Roberts took the extraordinary step of “calling out” the President of the United States.