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Ex-Supreme Court Justice Explains Why John Roberts’ Rare Statement Was So Important

Retired Supreme Court Justice Stephen Breyer spoke out in support of Chief Justice John Roberts’ rebuke of President Donald Trump’s calls to impeach a judge, saying it’s important that legal experts explain these things to Americans.

Breyer, who retired from the nation’s highest court in 2022, told CNN’s Wolf Blitzer on Wednesday that Roberts’ rare statement was an important message for Americans who may not understand the gravity of what Trump was suggesting.

Most people “are not lawyers. They’re not judges. They don’t know. And this is an informative and educational statement,” Breyer told “The Situation Room” host.

Roberts is “trying to explain to the people of this country how the legal system works and how it doesn’t work. It doesn’t work by impeaching a judge because you don’t like his decision,” Breyer said.

Roberts’ statement Tuesday did not name Trump, but it came shortly after the president unleashed his fury at U.S. District Judge James E. Boasberg for blocking deportation flights, calling him “a troublemaker and agitator” in a rage-filled social media post.

“He didn’t WIN the popular VOTE (by a lot!), he didn’t WIN ALL SEVEN SWING STATES, he didn’t WIN 2,750 to 525 Counties, HE DIDN’T WIN ANYTHING!” Trump wrote of Boasberg before calling for his impeachment.

Roberts’ reaction was brief and to the point, saying, “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.”

Former Supreme Court Associate Justice Stephen Breyer, pictured here in 2018, retired from the high court in 2022.
Former Supreme Court Associate Justice Stephen Breyer, pictured here in 2018, retired from the high court in 2022.

via Associated Press

Breyer backed Roberts up during his CNN appearance, saying there are long-established systems in place for when people disagree with a judge’s ruling, and impeachment isn’t one of them.

“What do you think the losing side thinks of the judge or the judge’s decision? Naturally, they think it’s wrong,” Breyer said. “Of course, that happens every day of the week, across the entire country, and judges are wrong sometimes. So, what does that person do? He appeals, he asks for a special writ in some cases, but he gets others to review the decision.”

But House Republicans have already heeded Trump’s demands to impeach Boasberg. Rep. Brandon Gill (R-Texas) said Tuesday he’s introducing articles of impeachment against Boasberg, claiming he “overstepped his authority, compromised the impartiality of the judiciary, and created a constitutional crisis” when he ordered a halt on flights deporting roughly 250 alleged Venezuelan gang members.

Boasberg ruled that Trump’s use of the Alien Enemies Act of 1789 for this purpose was not constitutional.