Supreme Court Chief Justice John Roberts slammed what he described as “dangerous” talk by some officials about ignoring federal court rulings, using an annual report weeks before President-elect Donald Trump takes office to stress the importance of an independent judiciary, reported CNN.
Officials “from across the political spectrum have raised
the specter of open disregard for federal court rulings,” Roberts wrote in the
report, released by the Supreme Court on Tuesday. “These dangerous suggestions,
however sporadic, must be soundly rejected.”
The chief justice didn’t detail which officials he had in
mind – and both Republicans and Democrats have hinted at ignoring
court rulings in recent years. Still, Roberts’ year-end message landed days
before the January 20 inauguration of a president who has repeatedly decried
the federal judiciary as rigged.
Trump’s agenda – particularly on immigration – could put the
incoming president on a collision course next year with a Supreme Court he has
helped to build by naming three conservative justices during his first term.
“Every administration suffers defeats in the court system –
sometimes in cases with major ramifications,” Roberts wrote. And yet, he added,
“for the past several decades,” both parties have respected court decisions and
have headed off the kind of constitutional confrontations that arose during the
civil rights era when some southern states declined court orders to integrate.
Roberts, in particular, pointed to decisions by the
Eisenhower and Kennedy administrations to enforce school desegregation rulings.
In 1957, for instance, President Dwight Eisenhower sent the 101st Airborne
Division to Little Rock to integrate its schools after officials sought to defy
Supreme Court decisions that found segregated schools unconstitutional.
Roberts lamented that “public officials,” whom he also did
not name, had “regrettably” attempted to intimidate judges by “suggesting
political bias in the judge’s adverse rulings without a credible basis for such
allegations.” Those attempts, he warned, are “inappropriate and should be
vigorously opposed.”
As in past years, the chief justice avoided direct mention
of the controversies and challenges brewing within the Supreme Court itself –
including lingering questions about ethics, a weekslong scandal this
year over controversial flags hoisted at Justice Samuel Alito’s properties and
sagging public confidence in the nation’s highest court.
In a series of interviews before the election, Vice
President-elect JD Vance raised doubts about his fidelity to Supreme Court
decisions. In a 2021 podcast, as The New York Times previously reported, Vance urged
Trump to respond to adverse court rulings “like Andrew Jackson did and say,
‘The chief justice has made his ruling. Now let him enforce it.’”
The likely apocryphal quote came in response to an 1832
decision Jackson opposed that dealt with Native Americans.
Trump himself has often blasted federal courts – including
the Supreme Court – over adverse decisions. A spokesman for Trump’s campaign
earlier this week slammed the “political weaponization of our justice system”
in a response to a federal appeals court ruling in New York that upheld a
jury’s verdict finding that the former president sexually abused writer E. Jean
Carroll.
Democrats, too, have toyed publicly with declining to
enforce court decisions. New York Rep. Alexandria Ocasio-Cortez drew criticism
last year for suggesting on CNN that the Biden administration
“ignore” a district court decision that would have halted Food and Drug
Administration of the abortion pill mifepristone. The Supreme Court paused that
decision and, in June, tossed the lawsuit challenging wider access to the drug.
Roberts has repeatedly used his year-end report to tout the
importance of an independent judiciary and to sound an alarm about threats of violence against judges. Two years ago, in a
similar vein, he stressed that “a judicial system cannot and should not live in
fear.”
In this year’s report, Roberts added that “hostile foreign
state actors” had accelerated attacks on the judiciary and other branches. In
some instances, he said, “bots distort judicial decisions, using fake or
exaggerated narratives to foment discord within our democracy.”
The report lands at the end of a year in which the
conservative 6-3 majority granted former presidents sweeping immunity from
criminal prosecution – and on a timeline that allowed Trump to avoid a trial on
federal charges in two cases before the November election. This fall, the court
is delving into transgender care bans and a First Amendment challenge
to a bipartisan ban on TikTok.
“The role of the judicial branch,” Roberts wrote, is “to say
what the law is.”
But, he added, “judicial independence is undermined unless
the other branches are firm in their responsibility to enforce the court’s
decrees.”
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