I examine the tension between Donald Trump’s perception of the judiciary—marked by a form of legal realism—and the Supreme Court’s stated commitment to judicial bipartisanship and independence. I analyze Trump’s public criticisms of judicial rulings that counter his personal interests and his criticism of his own appointees and other Republican-appointed justices who do not always rule in his favor to highlight how the court’s claim of independence is complicated by political science data showing that judges often align with the ideological leanings of the party whose president appointed them. This analysis ultimately reveals a growing disconnect between the judiciary’s stated ideals and the political pressures present in an increasingly polarized environment.
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TrumpDonald J. (@realDonaldTrump). 21November2018b. “. . . . . are so many opposing view (on Border and Safety) cases filed there, and why are a vast number of those cases overturned. Please study the numbers, they are shocking. We need protection and security – these rulings are making our country unsafe! Very dangerous and unwise!” X. https://x.com/realDonaldTrump/status/1065351478347530241.
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