{"id":44455,"date":"2026-04-26T08:31:01","date_gmt":"2026-04-26T08:31:01","guid":{"rendered":"https:\/\/www.europesays.com\/people\/44455\/"},"modified":"2026-04-26T08:31:01","modified_gmt":"2026-04-26T08:31:01","slug":"the-supreme-courts-declaration-of-independence","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/people\/44455\/","title":{"rendered":"The Supreme Court\u2019s Declaration of Independence"},"content":{"rendered":"

Starting with the 2024 decision<\/a> that gave President Trump substantial immunity from prosecution and continuing through a score of emergency orders provisionally greenlighting an array of his second-term initiatives, Mr. Trump has had an extraordinarily successful run before the Supreme Court.<\/p>\n

That came to a sudden, jolting halt on Friday, when Chief Justice John G. Roberts Jr., writing for six members of the court, roundly rejected Mr. Trump\u2019s signature tariffs program. It was the Supreme Court\u2019s first merits ruling \u2014 a final judgment on the lawfulness of an executive action \u2014 on an element of the administration\u2019s second-term agenda. It amounted to a declaration of independence.<\/p>\n

It also served as another in a series of clashes between the leaders of two branches of the federal government cut from very different cloth: the controlled, cerebral chief justice and the biting, brazen president.<\/p>\n

It could make for an awkward evening Tuesday, when, if history is any guide, Chief Justice Roberts and several of his colleagues will attend Mr. Trump\u2019s State of the Union address, sitting in their robes within eyesight of the president.<\/p>\n

On Friday, Mr. Trump may have provided a preview of his remarks, saying at a news conference that he was ashamed of some of the justices \u2014 presumably the ones who voted against him. \u201cThey\u2019re very unpatriotic and disloyal to our Constitution,\u201d he said of those justices.<\/p>\n

There is precedent for a presidential critique of a recent Supreme Court decision during the annual presidential speech. In 2010, President Barack Obama castigated the court for its decision in the Citizens United campaign finance case, which amplified the role of money in politics. Chief Justice Roberts\u2019s expression suggested he did not enjoy the rebuke.<\/p>\n

There was also an awkward moment last year after Mr. Trump addressed Congress. As he was leaving, the president greeted the chief justice by saying, not long after the immunity decision: \u201cThank you again. I won\u2019t forget it.\u201d<\/p>\n

Amid speculation that Mr. Trump was referring to the immunity decision, which largely shielded him from charges that he had plotted to subvert the 2020 election, Mr. Trump later explained that he was thanking Chief Justice Roberts for swearing him at his inauguration.<\/p>\n

Last month, in an attempt at humor at the annual Alfalfa Club dinner<\/a>, Mr. Trump said he would not tell a \u201cvicious joke\u201d about the chief justice, who was present. \u201cI\u2019m going to kiss his ass for a long time,\u201d the president said.<\/p>\n

Got a news tip about the courts?\u00a0If you have information to share about the Supreme Court or other federal courts, please contact us.<\/p>\n

That strategy did not seem to work. In the tariffs decision and elsewhere, the chief justice has pushed back.<\/p>\n

Last March, just hours after Mr. Trump called for the impeachment<\/a> of a judge who sought to pause the removal of more than 200 migrants to El Salvador, Chief Justice Roberts issued a rare public statement.<\/p>\n

\u201cFor more than two centuries,\u201d the chief justice said, \u201cit has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.\u201d<\/p>\n

In 2018, the chief also defended the independence and integrity of the federal judiciary after Mr. Trump called a judge who had ruled against his administration\u2019s asylum policy \u201can Obama judge.\u201d<\/p>\n

Chief Justice Roberts said that was a profound misunderstanding of the judicial role.<\/p>\n

\u201cWe do not have Obama judges or Trump judges, Bush judges or Clinton judges,\u201d he said in a statement<\/a>. \u201cWhat we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.\u201d<\/p>\n

Mr. Trump, for his part, has been a longtime critic of the chief justice. After the 2012 ruling upholding a key provision of the Affordable Care Act, Mr. Trump wrote on Twitter that \u201cI guess @JusticeRoberts wanted to be a part of Georgetown society more than anyone knew,\u201d citing a fake handle. During his first presidential campaign, Mr. Trump called the chief justice \u201can absolute disaster.\u201d<\/p>\n

In his first administration, Mr. Trump did poorly in the Supreme Court in argued cases in which the United States, an executive department, an independent agency or the president himself was a party. He prevailed only 42 percent of the time, the lowest rate since at least Franklin D. Roosevelt\u2019s administration.<\/p>\n

In other words, a fundamentally conservative court, with a majority of Republican appointees, had not been particularly receptive to his arguments. The Biden administration, by contrast, did somewhat better, landing on the winning side 54 percent of the time.<\/p>\n

In the tariffs decision, two of Mr. Trump\u2019s appointees \u2014 Justices Neil M. Gorsuch and Amy Coney Barrett \u2014 voted with Chief Justice Roberts.<\/p>\n

In a year-end report<\/a> on the state of the federal judiciary, issued weeks before Mr. Trump took office, the chief justice seemed to be bracing himself.<\/p>\n

\u201cAttempts to intimidate judges for their rulings in cases are inappropriate and should be vigorously opposed,\u201d Chief Justice Roberts wrote. \u201cPublic officials certainly have a right to criticize the work of the judiciary, but they should be mindful that intemperance in their statements when it comes to judges may prompt dangerous reactions by others.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"Starting with the 2024 decision that gave President Trump substantial immunity from prosecution and continuing through a score…\n","protected":false},"author":2,"featured_media":44456,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[146],"tags":[28205,28204,17648,26328,17649,17653,535,17652,17651,17647],"class_list":{"0":"post-44455","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-john-roberts","8":"tag-citizens-united","9":"tag-citizens-united-v-federal-election-commission-supreme-court-decision","10":"tag-courts-and-the-judiciary","11":"tag-decisions-and-verdicts","12":"tag-federal-courts-us","13":"tag-john-g-jr","14":"tag-john-roberts","15":"tag-roberts","16":"tag-supreme-court-us","17":"tag-united-states-politics-and-government"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@people\/116470079995971851","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/posts\/44455","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/comments?post=44455"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/posts\/44455\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/media\/44456"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/media?parent=44455"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/categories?post=44455"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/tags?post=44455"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}