We live in strange times, my friends. Before the Trump era began, which seems like very long ago already, I would not have believed you if you had told me that the President of the United States would someday use his Twitter account to lambast and impugn sitting federal judges and the entire judicial branch along with them.
I would have laughed.
But just such a thing is the regular practice of our current president. On February 4th, just after his executive order banning immigrants and refugees from certain countries from entering the United States was put on hold by a federal judge (for the fourth or fifth time), Trump tweeted:
The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!
That so-called judge is United States District Judge James Robart, is a nearly fifteen-year veteran of the federal bench. He was appointed by George W. Bush and approved by the Senate 99-0. According to the NY Times, he is a "mainstream Republican" in his personal politics (whatever that means anymore as Trump now leads the GOP), and is generally well-respected.
Robart is hardly the only federal judge whose motives and qualifications have been attacked by Trump. In late May of last year, when he was still just Candidate Trump, the president launched a Twitter war against United States District Judge Gonzalo Curiel. Judge Curiel's offense? He dared be the judge presiding over a lawsuit against Trump University (which ultimately settled before trial). According to Trump:
I have a judge in the Trump University civil case, Gonzalo Curiel (San Diego), who is very unfair. An Obama pick. Totally biased-hates Trump
Trump subsequently attacked Curiel for being a "Mexican" and thus being inherently biased against the candidate who ran on openly anti-Mexican and anti-immigration platforms. And then Trump doubled down on his comments, refusing to apologize.
All this would be a sideshow but for Trump's role as the chief executive of the United States government. As president, he seems strangely unaware of (or unconcerned about) the well-established (and widely known) system of checks and balances upon which our country's government depends. The legislative branch passes laws and approves funding for the executive branch. The executive branch enforces the laws but can also veto them. The judicial branch reviews laws and executive actions for their compliance with the constitution. The executive branch appoints judges to the judicial branch and the legislative branch approves or rejects those appointments.
Trump, however, appears to understand none of this, or at least oppose this system whenever he doesn't get what he wants out of it.
Lest anyone be prone to false equivalence, while it is true that presidents have long discussed or even criticized specific judicial decisions, none have previously suggested that the judges themselves are corrupt or illegitimate for ruling the way they did.
Certainly there have been corrupt and biased judges in the past, and there will be corrupt and biased judges in the future. And many times judges make bad decisions. But the stability of our governing system requires that the executive branch not accuse the judicial branch of illegitimacy any time the president doesn't get his way.
The executive branch will win some court cases and it will lose some. It will sometimes get told it has gone too far. The very basic job of the president in those situations is to firmly disagree with the result, if need be, but never to suggest that the only legitimate branch is his own. Is that too much to ask?