“Justice Roberts can say what he wants, but the 9th Circuit is a complete & total disaster,” the President tweeted Thursday morning. Earlier this week, a judge from the Northern District of California — where cases get appealed to the 9th Circuit — issued a temporary restraining order blocking the Trump administration from barring migrants who cross into the US illegally from seeking asylum.
Calling the court “out of control,” Trump tweeted that “Judges must not Legislate Security and Safety at the Border, or anywhere else. They know nothing about it and are making our Country unsafe. Our great Law Enforcement professionals MUST BE ALLOWED TO DO THEIR JOB! If not there will be only bedlam, chaos, injury and death. We want the Constitution as written!”
Trump has previously criticized the 9th Circuit as well as federal judges whose decisions he dislikes. But his tweets on Thursday calling out the chief justice of the Supreme Court and accusing federal judges of imperiling US security represent yet another extraordinary breach of presidential protocol and demonstrate Trump’s frustration with judges who have ruled against his administration’s most controversial policies.
Trump’s feud with Roberts came after the chief justice issued on Wednesday a remarkable, public rebuke of the President’s disparaging remarks about federal judges.
“We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Roberts said in a statement. “What 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.”
Trump on Thursday claimed the 9th Circuit’s decisions were overturned “more than any circuit in the country,” though CNN Supreme Court analyst Steve Vladeck noted on Twitter that over the last five terms, three federal appeals courts have had cases overturned at a higher rate than the 9th Circuit.