US Chief Justice John Roberts made a rare comment on Tuesday, resisting President Donald Trump’s call to impeach a federal judge over an immigration decision.
“For over two centuries, it has been settled that impeachment is not a proper remedy for disagreement with a judicial ruling,” Roberts said, noting that the appellate review process is in place for such disputes.
His comments followed Trump’s turn to social media calling for the ouster of US District Judge James Boasberg. The judge had ruled Saturday that the administration must stop deporting suspected Venezuelan gang members, a step Trump said was permissible under the Alien Enemies Act of 1798.
I’m just doing what the VOTERS wanted me to do,” Trump wrote. “This judge, like many of the Crooked Judges I am forced to appear before, should be IMPEACHED!!!
Roberts’ words had echoed his upholding of judicial independence in 2018 when Trump had taken a swipe at judges appointed under previous administrations. Roberts had claimed then, “We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.”
The controversy is over Trump’s use of the little-known 1798 Alien Enemies Act, which allows wartime authority to deport foreigners connected to enemy states. The law was last invoked during the War of 1812, World War I, and World War II. A group of Venezuelan men who were detained, though, objected to Trump’s decree, claiming the law only comes into effect if war has been declared or if the US is being invaded.
With immigration debates fueling controversy, Roberts’ action draws attention to an ongoing struggle between presidential power and judicial intervention to protect legal checks against executive actions.
