Trump slams the courts, and his court nominee hits back

  • Trump slams the courts, and his court nominee hits back

Trump slams the courts, and his court nominee hits back

Trump's criticism shattered a USA political tradition that members of the executive branch and legislative branch refrained from commenting on judicial decisions.

Many Democrats openly admit they remain angry that the Senate's Republican majority refused to consider former President Barack Obama's nominee for the same Supreme Court seat, Merrick Garland, last year.

In another case, with an eerie resemblance to aspects of the current situation with respect to Trump's anti-Muslim executive order, Gorsuch argued for deferring to the governor of Utah who sought to unilaterally cut off funding for Planned Parenthood.

Blumenthal, D-Conn., however, said Thursday Gorsuch told him, "unbidden", to feel free to reveal that he finds Trump's attacks on the judiciary to be "disheartening and demoralizing", even though the comments occurred during a private conversation and behind closed doors.

ICYMI: The Senate confirmed Jeff Sessions in a 51-47 vote.

But there are much larger constitutional stakes here.

Will Trump and his ultra-nationalist adviser Stephen K. Bannon direct the government to ignore the court's orders? In a lunch with senators later, Trump said of Gorsuch: "His comments were misrepresented".

Trump began his judicial attacks last weekend by tweeting that the Supreme Court circuit's James Robart was a "so-called judge" and that his stay on the president's refugee and immigration ban would be "overturned".

This week, Trump took his attack a step further.

"Courts seem to be so political and it would be so great for our justice system if they could read a statement and do what's right", he said. He has since tweeted, "SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!"

Trump last month nominated Gorsuch, now a judge on U.S. Court of Appeals for the Tenth Circuit, to fill the vacant seat left by the late Justice Antonin Scalia. Both Democratic Senate Minority Leader Chuck Schumer and Sen.

But the fact also remains that many Democrats, including Senate minority leader Charles E. Schumer of NY, are determined to fight the Gorsuch nomination, their ardor heightened after Mr. Trump pilloried federal Judge James Robart, a George W. Bush appointee who was unanimously confirmed by the Senate, as a "so-called judge" for putting a hold on his executive order on immigration.

During a media briefing after the lunch meeting, Spicer did not identify legislation or issues that were discussed other than Trump's nomination of Gorsuch.

He said Gorsuch was "non-committal" about publicly criticizing the attacks, "and that's one reason why I remain deeply concerned about this nomination". President Lincoln, in his first inaugural address, suggested that the power of the Supreme Court threatened the principle of self-governance. More than one in five voters listed the Supreme Court as the most important issue in voting for President, and over half of those pulled the lever for Donald Trump, sending him to the White House.

The order, the most divisive act of Mr Trump's three-week-old presidency, sparked protests and chaos at U.S. and overseas airports.

For all that noise, though, here's a stubborn fact: The president's choice for the high court is overwhelmingly likely to be confirmed. Robart's decision was upheld Thursday in a unanimous decision by an appeals court panel that includes a Republican appointee. But the real threat to judicial independence-and the real vehicle of executive overreach-is the judge who rules according to desired policy outcomes and political ends. Instead, like his mentor, Chief Justice William Rehnquist, a stout defender of judicial independence, the time has come for Roberts to defend the judiciary by speech and letter.