Federal judge Stephen Breyer discusses defense against White House criticism in a CNN interview
Fired-up Trump Slams Federal Judges Over Agenda Halt, Retired Justice Breyer Unbothered
Former Supreme Court Justice Stephen Breyer isn't sweating Trump's heat over controversial rulings that've slowed the White House's agenda. During an interview on CNN's "The Situation Room with Wolf Blitzer & Pamela Brown," Breyer, who hanged up his gavel in 2022, made it clear that federal judges, like himself, make decisions based on their best interpretations of the law, regardless of the nation's political climate.
Trump and his allies have been gunning for federal judges over a string of rulings that've put a damper on the White House's initiatives—from a block on rapid deportations under a 1798 wartime authority to several other actions. Trump's been itching to call for the impeachment of the judges involved, but Chief Justice John Roberts urged everyone to play by the rules, asking parties to take their losses to the appellate court instead of making threats.
Breyer agrees with Roberts, opining that the legal system doesn't work via Judge John Q. Public impeachment when decisions don't go their way. When Blitzer asked Breyer if the nation's careening toward a constitutional crisis, Breyer replied that no one really knows what's going to happen, and the best course of action for judges is to stick to the law.
The escalating tension between the executive branch and the judiciary reflects a broader pattern of power struggles. Trump's been rallying against judges who've been appointed by his opponents, dubbing them "activist" or "politically motivated." This trend can be traced back to early in Trump's term, when he called out judges based on their perceived affiliations, earning a rebuke from Chief Justice John Roberts.
The current dust-up over deportation cases is part of this larger narrative. Recently, Trump's administration invoked the Alien Enemies Act of 1798 to boot out alleged Venezuelan gang members. In response, U.S. District Judge James Boasberg blocked the deportation efforts, leading Trump to cry foul and call for Boasberg's impeachment. This public flare-up is another example of Trump and his allies targeting judges who rule against them, arguing that such judges are thwarting the people's will and the president's agenda.
Breyer, who was nominated by President Bill Clinton and was replaced by Justice Ketanji Brown Jackson in 2022, advised taking the long view and focusing on the law. The current confrontation, he said, risks undermining public trust in the legal system and the judges who uphold it. As the tussle between the executive branch and the judiciary intensifies, it's crucial that judicial independence remains intact.
Trump's criticisms of federal judges, including Judge James Boasberg, over their rulings on controversial issues in 2022, such as the blocking of rapid deportations, have been met with cautious advice from retired Supreme Court Justice Stephen Breyer. Breyer, who was replaced by Justice Ketanji Brown Jackson in 2022, emphasized the importance of judges sticking to the law and not succumbing to political pressure, noting that such a situation could potentially undermine public trust in the legal system. In response to Trump's calls for impeachment, Breyer echoed Chief Justice John Roberts' sentiments, advocating for the legal system to function without public impeachment when decisions don't align with one's political preferences.
