In his last year-end report, Chief Justice John Roberts called out what he deemed several areas of “illegitimate activity” threatening judicial independence. One of them was “threats to defy lawfully entered judgments.”
The report from just six weeks ago is worth revisiting in light of recent statements seemingly supporting such defiance from Elon Musk and Vice President JD Vance, following several Trump administration trial court losses early in its second term.
Roberts lamented in his report that, “Within the past few years, … elected officials from across the political spectrum have raised the specter of open disregard for federal court rulings.” He didn’t specify who he was talking about but wrote, “These dangerous suggestions, however sporadic, must be soundly rejected.”
By the time Roberts published his report, Vance had already suggested that Trump defy court orders blocking his priorities. Again, the chief justice didn’t name names when he chastised the “specter” of defiance. But there are now several legal issues that could be headed to the high court, where questions will linger about whether one of the litigants (the Trump administration) will comply with any losses.
On that note, it’s also worth recalling comments from Roberts’ Republican-appointed colleague Samuel Alito during litigation over abortion pill access. Alito accused the Biden administration in a written opinion (without citation) of not dispelling “legitimate doubts that it would even obey an unfavorable order in these cases.” Given his and Roberts’ stated concerns, it may be worth judges and justices asking government lawyers in court about the administration’s compliance plans. And if any doubts remain about those plans, we will see if Roberts and Alito press these concerns directly in any Trump cases that come to them. Subscribe to the Deadline: Legal Newsletter for expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in Donald Trump’s legal cases.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro," a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
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