Trump's War on Judges

Alernet -   President Donald Trump’s proposed law to “crack down on rogue judges” and his rhetoric toward judges who rule against him — such as calling them “criminals” and “a disgrace to our nation” — is a “breathtaking” danger to the Constitution, according to an expert.

“Demanding that the legislative branch enact laws that punish the judiciary is a breathtaking breach of the president’s oath to support and defend the Constitution, which creates our three separate — and coequal — branches of government,” lawyer and former US attorney Barbara McQuade wrote in a recent editorial for Bloomberg. 

“Trump’s recent attacks came after the Supreme Court struck down his tariffs, which he has used to wield economic power against foreign governments, last month. By a 6-3 majority, the Court held that the International Emergency Economic Powers Act did not authorize the president to impose tariffs, a power otherwise reserved for Congress. Among the justices joining the majority were two of Trump’s own appointees, Neil Gorsuch and Amy Coney Barrett.”

Trump, who said Gorsuch and Barrett “sicken” him because they dissented, is doing something “different” with his attempts to cower judges, McQuade wrote.

“His proposed legislation would target the judges themselves for punishment,” McQuade said. “It seems likely that Trump knows he will not get his wish. Even a Congress that has been largely submissive during his second administration would surely not go so far as to retaliate against judges based on their case decisions, a move that would wreak havoc on the separation of powers. But the president’s public statements nonetheless risk the independence of the judiciary, an essential pillar of democracy. By attacking judges and justices who rule against him, Trump is sending a message to the others: Rule my way or else you’ll be next.”