Chief Justice John Roberts issued a rare public statement on Tuesday, pushing back against former President Donald Trump’s increasingly aggressive rhetoric targeting the federal judiciary. The statement appeared to be a direct response to Trump’s call for the impeachment of judges who have ruled against him.
“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts said in a statement released by the Supreme Court. “The normal appellate review process exists for that purpose.”
Although Roberts did not mention Trump by name, his remarks came shortly after the former president escalated his attacks on federal judges. Earlier in the day, Trump had singled out U.S. District Judge James Boasberg, who temporarily blocked the deportation of alleged Venezuelan gang members, calling for his impeachment.
Trump’s allies, including Elon Musk, have for weeks been advocating for the impeachment of judges amid a series of unfavorable preliminary rulings against Trump’s administration. The former president’s criticism of the judiciary has become significantly more intense compared to his first term, sparking concerns over a constitutional crisis.
Some Republican lawmakers have taken action in response to Trump’s statements. Texas Representative Brandon Gill announced on social media that he had introduced articles of impeachment against Boasberg.
“This Radical Left Lunatic of a Judge, a troublemaker and agitator who was sadly appointed by Barack Hussein Obama, was not elected President—He didn’t WIN the popular VOTE (by a lot!), he didn’t WIN ALL SEVEN SWING STATES,” Trump wrote on Truth Social. “This judge, like many of the Crooked Judges I am forced to appear before, should be IMPEACHED!!!”
Later that evening, Trump addressed Roberts’ statement in an interview with Fox News’ Laura Ingraham.
“Well, (Roberts) didn’t mention my name in the statement, and I just saw it quickly,” Trump said. “He didn’t mention my name—but many people have called for (Boasberg’s) impeachment, the impeachment of this judge.”
However, Trump maintained that he had no intention of defying court orders.
“No, I never did defy a court order… you can’t do that,” Trump said. “However, we have bad judges, we have very bad judges, and these are judges that shouldn’t be allowed—I think at a certain point you have to start looking at, what do you do when you have a rogue judge?”
Roberts’ Complicated Relationship with Conservatives
Roberts has had a strained relationship with some conservatives, particularly after his 2012 vote to uphold the Affordable Care Act. Although he has frequently sided with conservatives on issues such as gun rights, abortion, affirmative action, and religious liberty, some on the right have never fully trusted him.
The Supreme Court currently has a 6-3 conservative majority, with three justices appointed by Trump. While the court has ruled in Trump’s favor on key issues, including a landmark decision last year granting broad immunity to former presidents for official acts, it has also ruled against him in a series of emergency cases since he returned to the White House.
Despite this, Trump appeared eager to gain Roberts’ favor. During his address to Congress earlier this month, Trump was overheard telling the chief justice, “Thank you again. I won’t forget it.” He later claimed on social media that he was simply thanking Roberts for swearing him in at his inauguration.
Gabe Roth, executive director of the watchdog group Fix the Court, acknowledged the significance of Roberts’ statement but criticized the chief justice’s past decisions.
“Roberts made an important point, but it’s a little rich coming from the guy that, by giving Donald Trump near-total immunity in a major decision last year, helped usher in the present era of lawlessness,” Roth said.
Impeachment Threats and Legal Fallout
Until now, Roberts and the Supreme Court have largely remained silent as Trump and his allies ramp up their attacks on the judiciary. Many of the recent rulings against Trump’s administration are expected to be appealed, with some cases potentially reaching the Supreme Court.
While Roberts’ statement did not directly reference a specific case, it coincided with an ongoing legal battle in Washington, D.C., where the Biden administration and the American Civil Liberties Union (ACLU) are disputing the deportation of Venezuelan nationals.
The Justice Department’s handling of the case has raised questions about whether the White House ignored a court order requiring it to halt deportations immediately. Boasberg’s order was a temporary measure intended to allow more time for legal arguments, but the administration has framed the judge’s actions as an overreach.
During a Monday hearing, Boasberg demanded to know what steps the administration had taken after his ruling. Justice Department lawyers initially refused to respond, citing national security concerns. On Tuesday, immigration officials submitted a sworn declaration asserting that the deported Venezuelans were subject to removal orders under laws other than the Alien Enemies Act.
Trump is invoking the Alien Enemies Act, a 1798 law that permits expedited deportations of foreign nationals from hostile countries during times of war or invasion. Critics argue that the U.S. is not formally at war and question whether the administration’s definition of “invasion” meets the law’s criteria.
The issue is likely to be resolved in the courts, including the Supreme Court.
Roberts’ Previous Defense of Judicial Independence
Roberts’ statement on Tuesday echoed his 2018 rebuke of Trump’s criticism of the judiciary. At the time, Trump had attacked a federal judge from California who issued an injunction against his asylum restrictions, calling him an “Obama judge.”
“It’s a disgrace when every case gets filed in the 9th Circuit,” Trump complained, referring to the historically liberal appeals court. “That’s not law. Every case in the 9th Circuit we get beaten and then we end up having to go to the Supreme Court, like the travel ban, and we won. Every case, no matter where it is, they file… they file it in what’s called the 9th Circuit. This was an Obama judge. I’ll tell you what, it’s not going to happen like this anymore.”
In response, Roberts issued a rare statement defending the judiciary’s independence.
“We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Roberts, who was nominated by President George W. Bush, said at the time. “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.”
Despite Roberts’ insistence on judicial neutrality, Trump and his allies continue to attack judges who rule against them. With impeachment articles already introduced in Congress, and legal battles mounting, the clash between the judiciary and the executive branch is unlikely to subside anytime soon.