STREAMING NOW: Watch Now

Trump fires back after Roberts rebukes him

President Donald Trump fired back after Chief Justice John Roberts issued a rare rebuke of the President's disparaging remarks about federal judges. CNN's Jeff Zeleny reports.

Posted: Nov 22, 2018 4:38 PM
Updated: Nov 22, 2018 4:40 PM

Chief Justice John Roberts has watched, silently, as Donald Trump denigrated judges over the years, complaining about one because of his Mexican heritage, referring to another as a "so-called judge" when he ruled against the administration's Muslim travel ban.

As the episodes piled up, from Trump's campaign time in 2016 and into his presidency, the man who sits at the helm of the federal judiciary said nothing.

But Trump's comments on Tuesday apparently were too much. Roberts spoke out Wednesday, and his rare and extraordinary statement immediately seized national attention.

Not to mention a rejoinder three hours later from Trump on Twitter.

The startling series of events -- which showed a bolder side of Roberts -- demonstrated just how much Trump's relationship with the third branch has devolved. The US Judiciary has strived to be above the political fray that has only been exacerbated by Trump.

Roberts' response stems specifically from Trump's comments on Tuesday on District Court Judge Jon Tigar's Monday night decision to temporarily block an executive order that would have scaled back US asylum policy. Trump criticized the San Francisco-based Tigar, nominated in 2012, as an "Obama judge." Of the regional US circuit court that would oversee any appeal of the case, Trump declared, "an automatic loss" for the administration and "the 9th Circuit is very unfair."

In a statement on Wednesday, made public because of a query from The Associated Press, Roberts said, "We do not have Obama judges or Trump judges, Bush judges or Clinton judges. 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."

It was not the first time Roberts had been asked to comment, but it was the first time he decided to go public. A 2005 appointee of Republican President George W. Bush, Roberts did not explain his timing.

But it may arise from the combination of Trump's specific insult -- portraying Tigar in a political realm based on the president who appointed him -- as well as the recent confirmation turmoil over new Supreme Court Justice Brett Kavanaugh.

Roberts' public concern for the reputation of the federal judiciary comes as the Supreme Court is riven 5-4 along ideological and political lines. The recent retirement of swing vote Justice Anthony Kennedy has deepened the split, and Roberts has already signaled an effort to try to lessen the divisions among the nine.

The chief justice spoke out broadly about judicial independence in October after the tumultuous Kavanaugh hearings. Addressing a University of Minnesota audience, Roberts referred to "the contentious events in Washington of recent weeks" and then asserted the high court's independence from the executive and legislative branches.

"I will not criticize the political branches," he said. "We do that often enough in our opinions. But what I would like to do, briefly, is emphasize how the judicial branch is -- how it must be -- very different."

Roberts' statement on Wednesday was of a different magnitude, stronger and deliberately echoing back the President's own remark about an "Obama judge."

The chief justice has often expressed dismay when judges are referred to by political affiliation. He has also observed since 2010, with the retirement of liberal Justice John Paul Stevens, an appointee of Republican President Gerald Ford, that it may be more difficult to convince the public of justices' impartiality from politics.

Since Stevens was succeeded by Obama-appointee Elena Kagan, and continuing with Trump's choice of Kavanaugh, the court's five conservative justices were named by Republican presidents and the four liberals -- often relegated to the dissent -- were named by Democratic presidents.

With Kennedy's retirement, Roberts is now ideologically at the middle of the court, and he may be inclined to hedge his own conservative instincts to steady the bench and avoid more polarization.

As he considered whether to answer Trump's latest affront to the judiciary on Tuesday, Roberts no doubt weighed how much he might provoke Trump. Roberts plainly concluded it was time to defend judiciary's special role in America's democracy.

The 63-year-old chief was likely not surprised that within three hours, Trump fired back in two consecutive tweets: "Sorry Chief Justice John Roberts, but you do indeed have 'Obama judges,' and they have a much different point of view than the people who are charged with the safety of our country. It would be great if the 9th Circuit was indeed an 'independent judiciary,' but if it is ... are so many opposing view (on Border and Safety) cases filed there, and why are a vast number of those cases overturned. Please study the numbers, they are shocking. We need protection and security - these rulings are making our country unsafe! Very dangerous and unwise!"

Roberts offered no new retort. And given the chief justice's aversion to the appearance of politics, he is unlikely to offer any response any time soon.

Minnesota Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 86722

Reported Deaths: 1994
CountyConfirmedDeaths
Hennepin25264915
Ramsey10267314
Dakota6942124
Anoka5531131
Stearns362923
Washington345955
Scott232532
Olmsted223726
Nobles191416
Blue Earth15406
Wright14777
Carver13037
Rice12798
Mower12534
St. Louis123329
Clay119940
Sherburne105013
Kandiyohi9082
Winona72718
Lyon6244
Steele5062
Freeborn4903
Nicollet48716
Watonwan4844
Benton4793
Todd4722
Le Sueur4403
McLeod4332
Chisago4151
Waseca4118
Crow Wing40218
Otter Tail3674
Beltrami3624
Goodhue3179
Martin2809
Polk2574
Itasca25513
Becker2352
Carlton2261
Isanti2210
Douglas2191
Cottonwood2130
Pipestone2059
Pine1980
Morrison1841
Chippewa1821
Dodge1820
Sibley1663
Wabasha1640
Brown1582
Unassigned15752
Meeker1552
Murray1492
Yellow Medicine1421
Rock1390
Mille Lacs1333
Faribault1290
Cass1203
Jackson1201
Renville1176
Pennington1071
Houston1050
Roseau1050
Swift991
Fillmore980
Koochiching983
Kanabec958
Lincoln930
Redwood910
Stevens911
Pope810
Aitkin691
Hubbard650
Big Stone640
Wadena610
Grant574
Wilkin553
Norman510
Lake480
Marshall481
Mahnomen441
Red Lake370
Lac qui Parle360
Traverse290
Clearwater240
Lake of the Woods201
Kittson130
Cook60

Iowa Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 76924

Reported Deaths: 1241
CountyConfirmedDeaths
Polk14988255
Johnson490727
Woodbury475459
Black Hawk425184
Linn3640102
Story321417
Dallas263238
Scott261427
Dubuque251840
Buena Vista191812
Pottawattamie189437
Marshall175234
Sioux12243
Wapello122057
Webster117914
Muscatine105152
Clinton102418
Cerro Gordo97721
Plymouth97520
Crawford9444
Warren9186
Jasper72032
Des Moines7137
Marion6874
Tama67830
Carroll6085
Lee5727
Wright5491
Henry5104
Dickinson4666
Bremer4497
Boone4346
Washington41411
Louisa41314
Franklin33017
Hamilton3123
Mahaska30919
Delaware3053
Jackson2803
Floyd2793
Winneshiek2745
Clay2663
Hardin2661
Benton2611
Clarke2533
Butler2512
Winnebago24711
Emmet24210
Shelby2381
Allamakee2355
Jones2313
Poweshiek2308
Clayton2243
Lyon2233
Buchanan2181
Cedar2101
Guthrie2095
Chickasaw1970
Kossuth1950
Grundy1932
Madison1922
Howard1764
Sac1760
Fayette1751
Iowa1741
Cherokee1732
Mitchell1720
Hancock1702
Humboldt1682
Harrison1642
Calhoun1612
Mills1541
Pocahontas1492
Palo Alto1480
Monroe1409
Page1400
Jefferson1291
Lucas1296
Cass1262
Monona1251
Taylor1171
Appanoose1163
Osceola1130
Union1123
Davis1104
Van Buren1081
Worth990
Keokuk841
Montgomery845
Greene790
Ida770
Wayne762
Fremont730
Adair591
Decatur580
Audubon501
Ringgold402
Adams270
Unassigned160
Rochester
Clear
39° wxIcon
Hi: 61° Lo: 44°
Feels Like: 33°
Mason City
Clear
39° wxIcon
Hi: 65° Lo: 45°
Feels Like: 35°
Albert Lea
Clear
39° wxIcon
Hi: 62° Lo: 45°
Feels Like: 39°
Austin
Clear
39° wxIcon
Hi: 62° Lo: 45°
Feels Like: 39°
Charles City
Clear
41° wxIcon
Hi: 64° Lo: 45°
Feels Like: 36°
Cooler to wrap up the work week
KIMT Radar
KIMT Eye in the sky

Community Events