Herry Litman - The Administration Can't Even Take a Hint from the Chief Justice
I’ve never before started one of these dispatches by plugging my own credentials, so I hope that you’ll forgive me for coming out of the box by explaining that I clerked for two Supreme Court justices; I have litigated cases in the High Court; and for many years I have taught advanced law school seminars on the Court. I know more than a little about the Court as an institution. And Chief Justice John Roberts’s statement rebuking Trump for his vicious and ignorant attack on D.C. Chief Judge Jeb Boasberg—including calling for his impeachment—was as rare as a D.C. snowstorm in June.
Indeed, I am not aware of a single other instance in which any Chief Justice made a public statement unrelated to official duties, whether on the Court or in Congress. And that's not even the half of it. Roberts’s statement was issued within hours of Trump's demagogic, asinine call for the impeachment of D.C. Chief Judge Jeb Boasberg. Trump added, for good measure, his assessment that Judge Boasberg is a "radical left lunatic," a "troublemaker and agitator," and “a crooked judge,” before calling for him to be "IMPEACHED!!!”
It was even more extraordinary that Roberts waded into what is essentially the political fray, scolding Trump for his irresponsible rhetoric. Roberts’s response seemed contained, but I guarantee you that anyone who understands the world of the Supreme Court heard it as deafening.
Roberts wrote: “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that reason.”
https://harrylitman.substack.com/p/the-administration-cant-even-take
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