Arlington, Virginia — J. Michael Luttig, a prominent conservative voice and former federal judge, has expressed disappointment in Chief Justice John Roberts for what he describes as “unforgivable reticence” in addressing former President Donald Trump’s conduct. Luttig, who previously served on the U.S. Court of Appeals for the Fourth Circuit, believes Roberts has been insufficiently proactive in countering Trump’s rhetoric that undermines the judiciary.
Luttig has emerged as a vocal critic of Trump, even testifying before a congressional committee investigating the January 6 attack on the Capitol. In his criticism of Roberts, he insists that the chief justice’s silence in the face of escalating attacks on judges is particularly alarming, given his immense influence in the judiciary.
During a recent episode of the “Court of History” podcast, Luttig expressed his concerns directly, stating, “John, my friend, is one of the smartest people I’ve ever met. He is fully aware of the implications of the current political climate.” Luttig contends that Roberts’ failure to speak out against Trump is particularly troubling, as it entails a significant risk to the integrity and safety of the federal judiciary.
Trump’s commentary often targets federal judges, especially those whose rulings run counter to his agenda. For instance, after a federal judge ruled against his immigration policies, Trump labeled the judge an “Obama judge.” In response, Roberts asserted, “We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” emphasizing the need for judicial impartiality.
In early 2023, when Trump called for the impeachment of Judge James Boasberg after Boasberg ruled against a Trump administration policy, Roberts maintained that impeachment was not a suitable response to judicial disagreements. However, Trump contended that Roberts failed to directly address him in those statements, highlighting a perceived inadequacy in Roberts’ defense of judicial independence.
Critics argue that Roberts’ judicial decisions may have inadvertently facilitated Trump’s expansive interpretation of presidential power. In a recent ruling, Roberts aligned with conservative justices to limit the reach of federal judges in issuing nationwide injunctions against presidential policies.
Luttig conveyed his view on the pressures facing Roberts, stating, “He knows what is at stake but continues to shy away from addressing the president directly.” He characterized this as a significant failing, noting that both political parties share responsibility for the current state of affairs.
According to a 2022 Pew Research Center survey, public sentiment toward the Supreme Court has soured, with 47% of Americans expressing a favorable opinion and 51% viewing it unfavorably. Luttig posited that Roberts is acutely aware of this public perception but has chosen to prioritize institutional integrity over immediate political ramifications.
Luttig emphasized the chief justice’s responsibility to safeguard not only the judiciary’s reputation but also the safety of federal judges amid rising political violence. He recounted a recent discussion about Judge Esther Salas, who faced personal tragedy when her family was attacked, highlighting the urgent need for Roberts to take a public stand on these issues.
In Luttig’s view, it is not only beneficial for Roberts to address these concerns but also a deep obligation that he cannot ignore. He articulated the gravity of the current atmosphere, remarking, “The chief justice needs to affirm the safety and security of our federal judges. This responsibility cannot be overshadowed by political considerations.”
This discourse reflects ongoing tensions within the judicial system and the broader implications of political rhetoric on the rule of law.
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