Retired Supreme Court Judge Stephen Breyer defended a federal judge and supported Secretary John Roberts' rare public statement this week after President Trump targeted the judiciary.
“You decide what you think is right by law. Duration.” Breyer said CNN's Wolf Blitzer on Wednesday. “I don't want a judge to look over his shoulder at public opinion.”
Breyer, 86, retired from court in 2022, paving the way for then-President Biden to appoint Justice Ketanji Brown Jackson. He recently released a book on his constitution and his approach to dealing with decisions, but his CNN interview coincided with Trump's latest clash and his latest clash with judges as he tested the limitations of his authority early in his second term.
Trump asked lawmakers to fire each federal judge who controlled his administration as he tried to quickly track the deportation of immigrants. Roberts' official statement followed escalation on Tuesday.
“For over two centuries, it has been established that each is not an appropriate response to differences in opinion over judicial decisions. For that purpose, there is a normal appeal review process.”
Breyer said Roberts' memo was “helpful and educational.”
“He's trying to explain to the people of this country how the legal system works and how it doesn't,” Breyer said. “You don't like his decision, so it won't work by blasting the judge.”
Trump sought a bluff of US District Judge James Boasberg to oppose the use of the 1798 alien enemy law regime and to force Venezuelan immigrants labelled as gang members and accused of carrying out the invasion.
Trump waving Roberts' words in an interview with Fox News' Lowline Graham on Tuesday.
“(Roberts) didn't mention my name in the statement,” Trump said.
Noting that Roberts had not mentioned Trump's name, Breyer doesn't speak directly to the merits of Boasberg's decision, but in most legal cases, “someone will be going to win, someone will lose.”
“What do you think the losers will think of the judges and judges' decisions? Of course, they think it's wrong,” he said. “And sometimes the judge is wrong. So what does that person do? He sues and he sometimes asks for a special warrant, but he will have others confirm the decision.”
“You're on the way to legal proceedings,” he added.
