In an unexpected and extraordinary display of conflict between the executive and judicial branches, Supreme Court Justice John Roberts rejected Donald Trump’s statements to impeach federal judges and remove a judge who ruled against his administration’s deportation plans.
In a social media post on Tuesday morning, the President of the United States described Federal District Judge James E. Boasberg as a “troublemaker and agitator”, allegedly for recently issuing an order blocking deportation flights “under the auspices of wartime authorities of an 18th-century law that Trump invoked to carry out his plans.”
“He didn’t win anything! I won for many reasons, in an overwhelming mandate, but fighting illegal immigration may have been the number one reason for this historic victory,” Trump wrote on his social media platform. “I’m just doing what the voters wanted me to do. This judge, like many of the crooked judges’ I am forced to appear before, should be impeached!!!”
What was the response of the Chief Justice to Trump?
Although Roberts' statement does not mention Trump, it was issued hours after his post and represents a rare public intervention by the Chief Justice of the United States Supreme Court.
“For over two centuries, it has been established that impeachment is not an appropriate response to disagreement over a judicial decision. The normal appellate review process exists for that purpose,” stated Roberts.
Trump’s tweet, a convicted criminal, intensified his conflict with the judiciary, which has been one of the few restraints on his administration’s aggressive agenda.
He has routinely criticized judges, especially because they limit his efforts to expand presidential power and impose his broad agenda on the federal government. However, his call for impeachment, a rare measure usually taken only in cases of serious ethical or criminal wrongdoing, represents an increasingly intense confrontation between the judicial and executive branches.
However, it could also be another staging by the current President of the United States, as to remove a federal judge, he would need the support of Democratic votes in the Senate.
The Alien Enemies Act of 1798, invoked by Trump, has only been used three times in the history of the United States, all during wars declared by Congress. Trump proclaimed that the law recently came into effect due to what he claimed was an invasion by the Venezuelan gang Tren de Aragua. His administration is paying El Salvador to imprison alleged gang members.
Boasberg, who was appointed by President Barack Obama, called a hearing on Monday to discuss what he termed a “possible challenge” to his order, after two deportation flights continued to El Salvador despite his verbal order for them to be returned to the United States.
The lawyers for the Trump administration defended their actions, arguing that Boasberg’s written order was not explicit, while a lawyer from the American Civil Liberties Union (ACLU) stated: “I think we are getting very close” to a constitutional crisis.
Who is John Roberts, the Chief Justice of the Supreme Court?
In addition to it being unusual for a Chief Justice to intervene in this way, almost directly against the President of the United States, the statement also draws attention because Roberts is conservative-leaning and was one of those who voted in favor of granting immunity to US presidents, effectively granting judicial immunity to Donald Trump.
In fact, in his speech before Congress a few weeks ago, television cameras captured the audio of the conversation in which Trump told Roberts, “thank you very much, again...I won’t forget it.”
Amidst the controversy surrounding that comment, Trump seemed to imply that the gratitude was due to Roberts, who on January 20th swore him in as the new president of the United States.
Will Trump continue to consider Judge Roberts as an ally now?