Trump has told two Supreme Court justices they should recuse themselves from cases involving his administration.
Justice Sonia Sotomayor recently criticized the president for asking the Supreme Court to stay an injunction against his immigration policy.
The president accused Sotomayor and fellow liberal Ruth Bader Ginsburg of being prejudiced against his administration.
Defenders of the president pointed out he has to use the Supreme Court because lower courts are overusing injunctions to attack his legislative program.
(NewsReady.com) – President Trump has thrown down the gauntlet to Liberal Supreme Court justices after one of them accused the court of being biased in favor of his administration. The trigger for the presidential rebuke was a dissenting opinion by Justice Sonia Sotomayor that went well beyond disagreeing with the majority opinion and alleged actual political bias.
Sotomayor’s opinion came out of an immigration case, Wolf v Cook County. This case dealt with the administration’s attempts to make it easier to deny visas to non-citizens, specifically those who’re likely to rely on welfare. Last year, the administration updated the rules to count Medicaid and some other federal entitlement programs as welfare, which would have increased the number of people denied visas. However, this was delayed by an injunction, which the Supreme Court was asked to overturn.
A majority of justices did vote to overturn the injunction, but Sotomayor disagreed. Her specific argument wasn’t a legal one – it was that the injunction is due for review this week anyway, so she didn’t see any urgent need for a Supreme Court ruling – but her written opinion went beyond that and set out some general reasons, too. That’s what annoyed the president.
Sotomayor expressed “concern” that the majority of justices were willing to ignore what she saw as a lack of urgency, and overturn the injunction anyway. She also complained about how often this administration seeks stays of injunctions.
Her language became quite dramatic, and even provocative, she said the Trump admin has asked for “stays in an unprecedented number of cases, demanding immediate attention and consuming limited Court resources in each. And with each successive application, of course, its cries of urgency ring increasingly hollow.”
President Trump Is Fed-Up
Now President Trump seems to have had enough of judicial activism aimed at blocking his campaign pledges. He called Monday night for Sotomayor and Ruth Bader Ginsburg to recuse themselves from any cases involving his administration. He says both of them have shown their hostility to him enough to rule them out; as an example, he mentioned Ginsberg calling him a “faker” during his 2016 campaign.
In his rebuke to the liberal duo, Trump criticized Sotomayor for trying to shame other justices into voting with her by making her partisan criticisms so public. She also faced criticism from outside the administration. Carrie Severino of the Judicial Crisis Network said the problem isn’t Trump overusing the Supreme Court to stay injunctions; it’s that lower courts are overusing nationwide injunctions at a rate that’s never seen before.
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