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Tag: First Amendment and courts
Judicial Independence in the Crosshairs: Examining Supreme Court Criticism of Former President Trump’s Rhetoric and Its Legal, Historical, and Policy Implications
On May 3, 2025, Associate Justice Elena Kagan publicly rebuked former President Donald J. Trump for his sustained attacks on the judiciary, decrying his “inflammatory rhetoric” as a “dangerous assault on the separation of powers and the rule of law” (Kagan, 2025). This exchange, reported by The Guardian the same day, marked a rare instance of a sitting Justice openly criticizing a former President (The Guardian US, 2025). At stake is the constitutional bedrock of an independent judiciary: when a President labels judges “corrupt,” “biased,” or beholden to opponents, the insulation promised by Article III can fray.