Saturday, November 24, 2018

Judge Shopping

Jake Lo: What judge is going to believe that?
Agent Wesley: My judge
--Rapid Fire

After a US District judge in San Francisco issued a TRO to block a presidential proclamation that asylum requests would no longer be granted to those arriving the US illegally, President Trump criticized the decision of the Obama-appointed judge and added that he considered the rulings of the Ninth Circuit "a disgrace."

Subsequently, Chief Justice of the Supreme Court John Roberts issued a rebuke of Trump's comments. "We do not have Obama judges or Trump judges, or Bush judges or Clinton judges, Roberts said. "What we have is a group of extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them."

He concluded, "The independent judiciary is something we should all be thankful for."

Not only was openly commenting on a president's remarks an extraordinary measure for a chief justice, but Roberts is plainly wrong.

'Judge shopping' goes on all the time, with the Ninth Circuit being the frequent destination of leftist cases looking for friendly rulings--rulings that frequently get overturned in higher courts. Everyone knows it, including Trump, who responded to Roberts with a series of tweets:
Trump is right. We do not have an independent judiciary. Instead we have judges motivated by political interest--as John Roberts himself has demonstrated.

No comments: