Justice Roberts has reaped a whirlwind of criticism this week after siding with the Supreme Court’s liberal wing this week on two major decisions: the rescinding of DACA and workplace protections for LGBT individuals on the basis of sex under Title VII of the Civil Rights Act.
Sen. Tom Cotton (R-AR) has gone as far to call on Justice Roberts to resign for showing himself to be a political actor rather than an impartial jurist.
“It cannot be the law that what Barack Obama has unlawfully done, no president may undo,” Cotton said in a statement, as reported by The Federalist. “John Roberts again postures as a Solomon who will save our institutions from political controversy and accountability. If the Chief Justice believes his political judgment is so exquisite, I invite him to resign, travel to Iowa, and get elected. I suspect voters will find his strange views no more compelling than do the principled justices on the Court.”
Sen. Ted Cruz (R-TX) was equally vocal in his criticism of the Supreme Court.
“Judging is not a game. It’s not supposed to be a game but sadly over recent years more and more, Chief Justice Roberts has been playing games with the court to achieve the policy outcomes he desires,” Cruz said.
In the 5-4 decision on Wednesday, Roberts wrote the majority opinion in which he said that President Trump could not rescind the Obama administration’s Deferred Action on Childhood Arrivals (DACA) Act with an executive order, alleging that the president did not reverse the program in their preferred way.
“We do not decide whether DACA or its rescission are sound policies. ‘The wisdom’ of those decisions ‘is none of our concern,’” Roberts wrote in the opinion. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”
The Roberts opinion further alleged that the Trump administration “failed to consider the conspicuous issues of whether to retain forbearance,” demanding that the Department of Homeland Security take up the issue if DACA were to come to an end.
“That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner,” Roberts wrote. “The appropriate recourse is, therefore, to remand to DHS so that it may consider the problem anew.”
Trump, who took a beating in the Supreme Court this week, blasted the justices for their jurisprudence on Twitter while demanding we get new justices on the court.
“The recent Supreme Court decisions, not only on DACA, Sanctuary Cities, Census, and others, tell you only one thing, we need NEW JUSTICES of the Supreme Court. If the Radical Left Democrats assume power, your Second Amendment, Right to Life, Secure Borders, and … Religious Liberty, among many other things, are OVER and GONE!” he tweeted.
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