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Tipsheet

Chief Justice Roberts Should've Kept His Mouth Shut

Erin Schaff/The New York Times via AP, Pool

President Donald J. Trump was right to go scorched Earth on little District Judge James Boasberg, who is violating the separation of powers by enjoining the executive in some legal gobbledygook about the president not being able to deport foreign terrorists. Boasberg ruled that the Trump administration couldn’t invoke the Alien Enemies Act of 1798 to accelerate the deportation of Venezuelan gang members—Tren de Aragua—who has been designated a terror group. The judge even ordered deportation flights to return to the United States; they didn’t, as the planes were over international waters.

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The media is framing this as a constitutional crisis since Trump ignored the ruling. His communications team isn’t framing it that way, but I couldn’t care less if they did. It should be ignored. Boasberg lacks the authority to dictate what is already explicitly outlined under Article II. The only crisis is the one Boasberg creates by acting like some Americanized version of Oliver Cromwell on speed.

Trump called for his impeachment: 

And Chief Justice John Roberts, who should’ve kept his mouth shut, felt the need to respond, adding that the threat of impeachment shouldn’t be used when disagreeing with a judicial opinion. That’s what the appeals process is for. 

John, we know you’re the leader of the liberal wing of the Court now that Ruth Bader Ginsburg has passed away. Still, you should know better. If it doesn’t involve the Supremes, keep your head in the sand per the institution's protocols, which is never to weigh in or know what society wants; that’s the job of legislatures. Sean Davis of The Federalist brought more fire: 

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For more than two centuries, the question of whether to impeach judges has been left solely to the elected representatives of the American people. John Roberts has no say in the matter, regardless of how much he wishes otherwise. Our Constitution gives John Roberts no power whatsoever when it comes to judicial impeachment, and it certainly doesn’t give him the power to “reject” congressional impeachment when and if it comes. 

In fact, this unbridled arrogance from Roberts is the precise reason judicial impeachment is now being demanded for rogue judges. Had Roberts done his job and restrained inferior judges from overstepping their bounds and claiming for themselves authority and power which does not belong to them, we would not find himself in this predicament. These calls are happening precisely because of John Roberts, not in spite of him. 

What John Roberts needs to understand right now is that his continued cowardice in the face of lawless judicial insurrection against the elected government of the people—not rightful criticism of judges—is the fatal threat to the legitimacy of the judiciary he idolizes. 

The more he acts like a craven politician, the more we are going to treat him like one. A smarter man than him would understand that the moment the Chief Justice is viewed more as a slimy politician than a fair judge, it’s over for him and his precious judiciary. 

Know your role; shut your hole, an axiom that should be slapped across Boasberg and Roberts’ faces. 

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Until this issue comes before your dais, just be quiet. Other people could’ve made that point, too. And, of course, the appellate process is going to be used. It’s one area where Trump and his team were ready and eager to battle before he was sworn in, knowing the lay of the land. 

Boasberg is a rogue judge who must be reined in, and this cockamamie request for classified information regarding this deportation kerfuffle is also ridiculous and endangers our national security. These areas are not and never were to be greenlit by district judges.  

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