Justice Frankenstein scolds his monster

Once again, Chief Justice John Roberts found himself in the untenable position of rebuking Trump for showing blatant disregard for judicial independence. This time, it was because Trump demanded the impeachment of US District Judge James Boasberg — all because Boasberg ruled that the administration had no authority to summarily deport over 200 alleged gangbangers to El Salvador.

For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.

(The Associated Press, March 18, 2025)

How genteel. Frankly, Roberts rebuking Trump for dissing judges is like Dr. Frankenstein scolding his monster for wreaking havoc. Lest we forget, Roberts created this political monster. He guided the Supreme Court in defying over two centuries of judicial precedent to grant Trump the absolute presidential immunity he sought.

That immunity now allows Trump to act with near-total impunity while treating the judiciary like a political punching bag.

Trump’s contempt for Roberts and the judiciary

Of course, no one should be surprised that Trump not only mocked Roberts’ rebuke but doubled down on his criticism of Boasberg:

He didn’t mention my name in the statement. I just saw it quickly. He didn’t mention my name. But many people have called for his impeachment. I don’t know who the judge is. He is radical left. He is Obama-appointed.

(Fox News, March 18, 2025)

This is Trump showing Roberts just how much contempt he has — not just for district judges like Boasberg but for Supreme Court justices like him, too. But, as noted, Roberts needed no more evidence. After all, Roberts rebuked Trump in 2018 after Trump denounced US District Judge Jon Tigar as an ‘Obama judge’ for ruling against his migrant asylum policy.

That clearly did no good. Not least because, ever since, this Roberts Court has empowered Trump at every turn — gutting checks on presidential power while blessing his defiance of legal norms. Most notably, of course, this Court denied Special Prosecutor Jack Smith’s request for expedited rulings on Trump’s preliminary motions. This enabled Trump to execute his obvious strategy of delaying proceedings — ensuring he never even had to face trial, let alone risk conviction, for inciting the Jan. 6 insurrection before the 2024 presidential election.

Time for real consequences

Trump is already weaponizing his power — banning law firms that represented witnesses against him from securing federal contracts or even entering federal buildings. He’s getting away with punishing private attorneys for doing their jobs. So is it any wonder he thinks he can get away with punishing federal judges, too?

So here’s a suggestion for Chief Justice Roberts: Stop issuing toothless rebukes. Start wielding real authority. Trump is barring his legal enemies from federal buildings, for Christ’s sake. Roberts should decree that any DOJ lawyer aiding Trump’s defiance of judicial orders be held in contempt — barred not just from arguing cases but from setting foot in any federal court.

I cannot overstate this: Trump is a judicial monster of Roberts’ own making. And a monster who sees no consequences for his behavior will only grow bolder.

Meanwhile, most modern presidents displayed a bust of George Washington or Abraham Lincoln in the Oval Office. Trump, however, is telegraphing his intent by prominently displaying one of Andrew Jackson. And Roberts knows full well that Trump is daring him the same way Jackson dared the then-chief justice:

John Marshall has made his decision, now let him enforce it.

It took the Civil War to preserve the republic against the challenges Jackson posed. I fear it might take another (or an assassin’s bullet) to withstand those Trump poses now. And so, the ghost of Jackson hovers like a dark cloud over an America bitterly divided against itself.