Double Jeopardy: Trump Doubles down

“Justice Roberts can say what he wants, but the ninth Circuit is a complete & total disaster. It is out of control, has a horrible reputation, is overturned more than any Circuit in the Country, 79%, & is used to get an almost guaranteed result. Judges must not Legislate Security.” - Trump

It started with the term 'Obama judge'. It ended with .. well fights on the internet never end.

Still it's a deeply unusual public spat between a supreme court judge and the President. Another unsettling chapter in the republic's history?

The president amplified his criticism of the chief justice of the US on Thanksgiving , after Justice Roberts reprimanded (indirectly) Donald Trump for labelling a judge who ruled against his administration “an Obama judge”.

“We do not have Obama judges or Trump judges, Bush judges or Clinton judges,”

No-one actually knows who has supremacy over the other, the Supreme Court or the Executive. The most memorable standoff happened during Lincoln's era, and he won that won, although only because in the end the people, and the legislature backed him.

In this most recent case, the law is not on the President's side. However this may just be a matter of time, as the balance of the Supreme Court has now been upended, and with RBG's apparent frailty, it seems inevitable that Trump will get the last laugh.

It takes two branches of government to overrule the third, at least where the Presidency is concerned, which in no small way explains the level of aggravation caused by Kavanaugh's undignified ascension to the bench. With Lincoln, the Presidency and the legislature was able to ignore the Court, for a time. With Nixon, the Presidency was unable to ignore the combined might of the Legislature and the perceived threat of the Court. With Trump, destined to be unpopular and with fading strength in the legislature, the two branches increasingly to be in alignment as time goes on, are the least expected.

TransPacific - Coming Spring 2019
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