Justice Jackson, Alluding to Trump, Decries โ€˜Elephant in the Roomโ€™ โ€” but Will Conservative Judges Support Her? | The New York Sun

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Justice Jackson's Concerns

Justice Ketanji Brown Jackson criticized relentless attacks on judges, calling it a threat to the Constitution and the rule of law. She alluded to the issue without explicitly naming Donald Trump.

Trump's Actions and Judicial Responses

President Trump's frequent attacks on judges who block his policies have prompted responses from Chief Justice Roberts and other judges. His criticism of Judge James Boasberg, who blocked the use of the 1798 Alien Enemies Act, led to Chief Justice Roberts emphasizing that impeachment is inappropriate for judicial disagreement.

The Supreme Court moved a case from Judge Boasberg's court but he retains control over some proceedings, including one where he found probable cause of criminal contempt against the Trump administration.

The Trump administration is particularly concerned about a single judge's ability to block nationwide actions, even on foreign policy.

Conservative Pushback and Supreme Court Actions

While Trump claims he will abide by court decisions, instances like the deportation of migrants suggest otherwise. Chief Justice Roberts previously pushed back against Trump's attacks on judges, emphasizing judicial impartiality.

There are signs of pushback within the Supreme Court itself, with a temporary ruling blocking deportations, and differing opinions from Justices Alito and Thomas highlighting divisions. Conservative judges on lower courts, like Judge Harvie Wilkinson, also voiced criticism of the administration's actions.

Potential Impacts

If Justice Jackson's concerns are shared by her conservative colleagues, Trump's key initiatives could be in jeopardy as significant cases, such as efforts to end birthright citizenship and nationwide injunctions, are awaiting Supreme Court review.

A Trump-appointed judge, Fernando Rodriguez Jr., also permanently banned the use of the Alien Enemies Act in his jurisdiction, potentially leading to another Supreme Court case.

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