Chief Justice Roberts Rightly Defended Judiciary Amid Trump's Criticism
All presidents select and nominate judges who they think will best advance and uphold their agenda. In that respect, there are “Obama judges” just as there are “Trump judges,” and that reality must be recognized. On the other hand, we believe the chief justice, as the leader of the federal Judiciary, was warranted in saying what he did.
November 30, 2018 at 05:00 PM
2 minute read
Chief Justice John Roberts carefully walked through an ethical minefield recently to answer the president's criticism about the decision of “an Obama judge.” Clearly, there are no “Obama judges or Trump judges, Bush judges, or Clinton judges,” as the Chief Justice stated. Once confirmed, they are federal judges, and with lifetime appointments, combined with the inability to have their compensation “diminished” (Art.III, sec.1), politics and the political process should be no longer a part of their lives or impact on their decision-making. However, federal judges do come to the bench after personal and professional lives that mold their thinking and attitudes. As a result, all presidents select and nominate judges who they think will best advance and uphold their agenda. In that respect, there are “Obama judges” just as there are “Trump judges,” and that reality must be recognized. On the other hand, we believe the chief justice, as the leader of the federal Judiciary, was warranted in saying what he did. It is unusual for such a statement to be made in light of the Code of Judicial Conduct for United States judges, because of its requirement to “avoid impropriety and the appearance of impropriety, in all activities” (canon 2), avoid activities that “reflect adversely on the judge's impartiality” (canon 4), and “refrain from political activity“ (canon 5). But a judge “may speak, write, lecture, and teach on on both law-related and nonlegal subjects” (canon 4), “and participate in other activities concerning the law, legal system and the administration of justice “ (canon 4A), and Chief Justice Roberts' statement was little more than a civics lesson which advised of the role and ethics of federal judges and carefully avoided comment about the issues or merits of any case. Attacks on the judiciary cannot be deemed to be meritorious because of silence in response to commentary which receives widespread public attention, or by the failure to react.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAs Trafficking, Hate Crimes Rise in NJ, State's Federal Delegation Must Weigh in On New UN Proposal
4 minute readAppellate Court's Decision on Public Employee Pension Eligibility Helps the Judiciary
5 minute readWhere CFPB Enforcement Stops Short on Curbing School Lunch Fees, Class Action Complaint Steps Up
5 minute read'Confusion Where Previously There Was Clarity': NJ Supreme Court Should Void Referral Fee Ethics Opinion
4 minute readTrending Stories
- 1Trailblazing Broward Judge Retires; Legacy Includes Bush v. Gore
- 2Federal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
- 3'Almost an Arms Race': California Law Firms Scooped Up Lateral Talent by the Handful in 2024
- 4Pittsburgh Judge Rules Loan Company's Online Arbitration Agreement Unenforceable
- 5As a New Year Dawns, the Value of Florida’s Revised Mediation Laws Comes Into Greater Focus
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250