Trump suggests that two Supreme Court justices recuse themselves from upcoming cases, but ultimately, the justices decide whether or not to remove themselves from these judicial proceedings.
In a series of recent comments, President Donald Trump has criticised Justices Ruth Bader Ginsburg and Sonia Sotomayor for their involvement in cases related to his administration. These remarks, made during a news conference in India, follow a pattern of criticism that has been directed at the judiciary by the President.
Trump's comments about Ginsburg stem from interviews in 2016 that were critical of him. The President suggested that Ginsburg and Sotomayor should not participate in cases related to him or his administration. This is not the first time Trump has criticised judges, as he previously referred to an 'Obama judge' who ruled against a Trump asylum policy in 2018. Chief Justice John Roberts rebuked this comment, stating that there are no 'Obama judges' or 'Trump judges', but an extraordinary group of dedicated judges doing their best to do equal right to those appearing before them.
The President's ire at Sotomayor appears to be referencing a dissenting opinion she wrote on Friday. In her opinion, she criticised the administration for seeking multiple emergency stays, stating that their claims of urgency were becoming increasingly hollow. This comes as the Supreme Court is set to take up cases over Trump's tax returns and financial records a month later.
Justices write dissenting opinions to change the minds of people with whom they disagree through persuasive reasoning. However, whether Justices Ginsburg and Sotomayor will recuse themselves from these cases remains uncertain. Justices decide for themselves when to step aside from cases, and it is highly unlikely either justice would sit out cases involving Trump.
The new wealth test for immigrants, implemented by the administration, was granted a stay of lower court orders by the Supreme Court in January, allowing it to take effect everywhere except Illinois. The Supreme Court later granted the administration's emergency request to enforce the rule in Illinois as well.
Trump's comments about Sotomayor also included criticism for trying to shame people with different views. This is not the first time Trump has been criticised for his comments towards the judiciary, as he was recently criticised by U.S. District Judge Amy Berman Jackson just a few days before she was scheduled to sentence Stone to prison.
Despite the ongoing criticism, Roberts expressed gratitude for the independent judiciary. In response to Trump's comment about an 'Obama judge', Roberts tweeted defiantly, 'Sorry Justice Roberts.' However, it is clear that the relationship between the President and the judiciary remains strained, as the Supreme Court cases over Trump's tax returns and financial records approach.
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