On Wednesday afternoon, President Donald Trump took to Twitter to challenge Chief Justice John Roberts on the integrity of the courts. Earlier in the day, the Associated Press had released an interview with Roberts where he objected to categorizing judges by their political affiliation. “We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Roberts said. “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.”
In response, Trump tweeted:
Sorry Chief Justice John Roberts, but you do indeed have “Obama judges,” and they have a much different point of view than the people who are charged with the safety of our country. It would be great if the 9th Circuit was indeed an “independent judiciary,” but if it is why......
— Donald J. Trump (@realDonaldTrump) November 21, 2018
.....are so many opposing view (on Border and Safety) cases filed there, and why are a vast number of those cases overturned. Please study the numbers, they are shocking. We need protection and security - these rulings are making our country unsafe! Very dangerous and unwise!
— Donald J. Trump (@realDonaldTrump) November 21, 2018
Now that Trump has decided to answer Roberts directly, the Supreme Court justice faces a difficult choice: Does he escalate the war of words (which would further corrode the court’s role as an independent arbiter) or does he abstain from responding (which leaves Trump unanswered). Neither choice is attractive.