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This content has been archived.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 AllAppellate Division Rulings Remind Us That, Despite Arbitration's Informal Nature, There Are Rules
7 minute readAppellate Division Ruling on Uber Eats Contract Highlights Evolution of 'Holding the Pen' Concepts
3 minute readDriving in New Jersey While Using Handheld Cellphones Is Still a Significant Problem
2 minute readTrending Stories
Who Got The Work
Dechert partners Andrew J. Levander, Angela M. Liu and Neil A. Steiner have stepped in to defend Arbor Realty Trust and certain executives in a pending securities class action. The complaint, filed July 31 in New York Eastern District Court by Levi & Korsinsky, contends that the defendants concealed a 'toxic' mobile home portfolio, vastly overstated collateral in regards to the company's loans and failed to disclose an investigation of the company by the FBI. The case, assigned to U.S. District Judge Pamela K. Chen, is 1:24-cv-05347, Martin v. Arbor Realty Trust, Inc. et al.
Who Got The Work
Arthur G. Jakoby, Ryan Feeney and Maxim M.L. Nowak from Herrick Feinstein have stepped in to defend Charles Dilluvio and Seacor Capital in a pending securities lawsuit. The complaint, filed Sept. 30 in New York Southern District Court by the Securities and Exchange Commission, accuses the defendants of using consulting agreements, attorney opinion letters and other mechanisms to skirt regulations limiting stock sales by affiliate companies and allowing the defendants to unlawfully profit from sales of Enzolytics stock. The case, assigned to U.S. District Judge Andrew L. Carter Jr., is 1:24-cv-07362, Securities and Exchange Commission v. Zhabilov et al.
Who Got The Work
Clark Hill members Vincent Roskovensky and Kevin B. Watson have entered appearances for Architectural Steel and Associated Products in a pending environmental lawsuit. The complaint, filed Aug. 27 in Pennsylvania Eastern District Court by Brodsky & Smith on behalf of Hung Trinh, accuses the defendant of discharging polluted stormwater from its steel facility without a permit in violation of the Clean Water Act. The case, assigned to U.S. District Judge Gerald J. Pappert, is 2:24-cv-04490, Trinh v. Architectural Steel And Associated Products, Inc.
Who Got The Work
Michael R. Yellin of Cole Schotz has entered an appearance for S2 d/b/a the Shoe Surgeon, Dominic Chambrone a/k/a Dominic Ciambrone and other defendants in a pending trademark infringement lawsuit. The case, filed July 15 in New York Southern District Court by DLA Piper on behalf of Nike, seeks to enjoin Ciambrone and the other defendants in their attempts to build an 'entire multifaceted' retail empire through their unauthorized use of Nike’s trademark rights. The case, assigned to U.S. District Judge Naomi Reice Buchwald, is 1:24-cv-05307, Nike Inc. v. S2, Inc. et al.
Who Got The Work
Sullivan & Cromwell partner Adam S. Paris has entered an appearance for Orthofix Medical in a pending securities class action arising from a proposed acquisition of SeaSpine by Orthofix. The suit, filed Sept. 6 in California Southern District Court, by Girard Sharp and the Hall Firm, contends that the offering materials and related oral communications contained untrue statements of material fact. According to the complaint, the defendants made a series of misrepresentations about Orthofix’s disclosure controls and internal controls over financial reporting and ethical compliance. The case, assigned to U.S. District Judge Linda Lopez, is 3:24-cv-01593, O'Hara v. Orthofix Medical Inc. et al.
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