“We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Chief Justice John Roberts declared last fall in response to President Trump’s jab at an “Obama judge.” In spite of my distaste for Trump’s attacks on our judiciary, on this one, the facts are with Trump.
As a former U.S. attorney and state attorney general, I have spent my share of time in the courtroom before state and federal judges whose commitment to neutral principles and fairness made even losing parties respect their decisions. Today, that confidence is undermined by the Roberts Court’s undeniable pattern of political allegiance. Under Roberts, justices appointed by Republican presidents have, with remarkable consistency, delivered rulings that advantage big corporate and special interests that are, in turn, the political lifeblood of the Republican Party. The “Roberts Five” are causing a crisis of credibility that is rippling through the entire judiciary.
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