Supreme Court Chief Justice John Roberts asserted that the judiciary must act independently of the other two branches, stressing its role to “check the excesses of Congress or the executive.”
Roberts’s defense of an independent judiciary comes as President Donald Trump and his allies have accused federal judges of being partisan and acting purposefully against his agenda. Trump even called for the impeachment of Washington, D.C., District Judge James Boasberg after he blocked his migrant deportation flights.
“The judiciary is a coequal branch of government, separate from the others with the authority to interpret the Constitution as law, and strike down, obviously, acts of Congress or acts of the president,” Roberts said as a public event in Buffalo, New York, on Wednesday. “Its job is to, obviously, decide cases but, in the course of that, check the excesses of Congress or the executive, and that does require a degree of independence.”
Roberts was invited to speak at an event commemorating the 125th anniversary of the U.S. District Court for the Western District of New York. He did not mention Trump in his comments to Buffalo-based U.S. District Judge Lawrence Vilardo.
The Supreme Court justice was also asked about Trump and his allies’ calls to impeach judges, such as Boasberg. Roberts directed his answer to comments he made two months ago.
“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts said in March. “Normal appellate review process exists for that purpose.”
Fellow Supreme Court Justice Ketanji Brown Jackson last week called the threats against judges “attacks on our democracy.”
“The attacks are also not isolated incidents,” Jackson said without mentioning Trump’s name. “That is, they impact more than just individual judges who are being targeted. Rather, the threats and harassment are attacks on our democracy, on our system of government, and they ultimately risk undermining our Constitution and the rule of law.”
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On Wednesday, Roberts also spoke about the concept of overruling precedent, saying it’s not a “bad thing” but it can’t be done “willy-nilly.”
“I mean, aren’t you glad that you know Brown v. Board of Education overruled [Plessy v. Ferguson] … so the idea that it’s invariably a bad thing to overrule precedent is, I think, quite mistaken,” Roberts said.