The new criticism comes one day after the nearly unprecedented row between the Supreme Court Chief Justice and the president of the United States following a strong rebuke from Roberts over Trump calling the 9th Circuit "Obama judges".
Roberts took the unusual step of criticizing a president publicly, stating, "We do not have Obama judges or Trump judges, Bush judges or Clinton judges". But on Wednesday, after a query by The Associated Press, he spoke up for the independence of the federal judiciary and rejected the notion that judges are loyal to the presidents who appoint them. Meanwhile Trump, who is never silent for long, defended his comment.
Presidents have often been critical of Supreme Court rulings, as Obama was after the court's ruling in the Citizens United v. FEC case and as George W. Bush was following a high court ruling that upheld the rights of US prisoners at Guantanamo Bay, Cuba.
Senate Minority Leader Chuck Schumer, D-N.Y., drew swift criticism for seeming to praise and criticize Chief Justice John Roberts. The judge who blocked Trump's rollback of asylum rights, however, was a District Court judge, and not of the 9th circuit. Many of those decisions have been subsequently overturned by the Supreme Court. "This was an Obama judge, and I'll tell you what, this is not going to happen anymore", Trump said.
While Trump cited the 9th U.S. Circuit Court of Appeals, the ruling that drew his ire came from a district judge in California.
As of Wednesday evening, the chief justice had yet to respond further to the president.
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Furthermore, PolitiFact found that the 9th Circuit didn't have the highest rate of cases reviewed and overturned by the Supreme Court in that period - the 6th Circuit did, with 87%. Trump specifically cited the Ninth Circuit's injunction against his ban on travel from several Muslim-majority nations, which was ultimately ruled a constitutional exercise of presidential authority this year by the Supreme Court. The 9th Circuit recently ruled that Trump's administration is required to consider claims of asylum regardless of where migrants cross the US border.
"I like him and I respect him, " Trump said about Roberts, "but i think we have to use some common sense".
He concluded: "The independent judiciary is something we should all be thankful for".
Unfortunately, Trump takes everything personally - in the extreme: Recall his saying that a judge hearing a fraud case against his Trump University couldn't be fair because he was "of Mexican heritage".
As of Thursday morning, President Trump was still ruminating on a rare upbraiding from Supreme Court Chief Justice John Roberts, continuing attacks against the 9th Circuit Court of Appeals and calling it "a complete & total disaster".
Trump also warned there could be a government shutdown next month over security on the border with Mexico, suggesting he could hold up negotiations if no more money is provided for a wall between the two countries.
"Whatever the scope of the President's authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden", Tigar said. "When they respond to Trump's attacks, they often appear to be breaking norms and often do Trump's bidding by weakening the institutions he is attacking".