WEBVTT 00:01.966 --> 00:04.466 align:left position:10%,start line:77% size:80% JUDY WOODRUFF: In a rare statement, the chief justice of the United States, John Roberts, 00:04.466 --> 00:09.166 align:left position:10%,start line:77% size:80% today pushed back at President Trump's most recent attacks on the judiciary. 00:09.166 --> 00:14.166 align:left position:10%,start line:77% size:80% Roberts said that the United States doesn't have Obama judges or Trump judges, Bush judges 00:16.100 --> 00:20.600 align:left position:10%,start line:77% size:80% or Clinton judges, adding that we should be thankful for an independent judiciary. 00:20.600 --> 00:25.600 align:left position:10%,start line:77% size:80% This comes the day after Mr. Trump referred to the judge who ruled against his new asylum 00:26.333 --> 00:28.033 align:left position:20%,start line:89% size:70% rules as an Obama judge. 00:28.033 --> 00:30.866 align:left position:20%,start line:77% size:70% DONALD TRUMP, President of the United States: This was an Obama judge. 00:30.866 --> 00:32.833 align:left position:10%,start line:89% size:80% And I will tell you what. 00:32.833 --> 00:36.133 align:left position:20%,start line:83% size:70% It's not going to happen like this anymore. 00:36.133 --> 00:41.100 align:left position:10%,start line:77% size:80% And the Ninth Circuit is really something we have to take a look at, because it's -- because 00:41.733 --> 00:43.800 align:left position:30%,start line:89% size:60% it's not fair. 00:43.800 --> 00:47.666 align:left position:10%,start line:77% size:80% People shouldn't be allowed to immediately run to this very friendly circuit and file 00:49.733 --> 00:51.800 align:left position:30%,start line:89% size:60% their case. 00:51.800 --> 00:54.900 align:left position:10%,start line:77% size:80% JUDY WOODRUFF: For more, we are joined by our regular Supreme Court watcher, Marcia 00:54.900 --> 00:56.933 align:left position:40%,start line:89% size:50% Coyle. 00:56.933 --> 00:58.800 align:left position:10%,start line:77% size:80% She's the chief Washington correspondent for "The National Law Journal." 00:58.800 --> 01:01.066 align:left position:10%,start line:89% size:80% Hello, Marcia, and welcome back. 01:01.066 --> 01:06.000 align:left position:10%,start line:77% size:80% You won't be surprised to know that it didn't take long for President Trump to respond to 01:06.000 --> 01:07.833 align:left position:10%,start line:89% size:80% what the chief justice said. 01:07.833 --> 01:11.833 align:left position:10%,start line:83% size:80% Here is what President Trump tweeted just this afternoon. 01:11.833 --> 01:16.833 align:left position:10%,start line:77% size:80% He said: "Sorry, Chief Justice John Roberts, but you do indeed have Obama judges, and they 01:18.833 --> 01:21.200 align:left position:10%,start line:77% size:80% have a much different point of view than the people who are charged with the safety of 01:21.200 --> 01:23.266 align:left position:30%,start line:89% size:60% our country." 01:23.266 --> 01:27.200 align:left position:10%,start line:77% size:80% So, Marcia, how unusual is it for a chief justice, any chief justice, but in particular 01:29.366 --> 01:31.633 align:left position:20%,start line:83% size:70% this one, to take on the president? 01:31.633 --> 01:35.566 align:left position:10%,start line:77% size:80% MARCIA COYLE, "The National Law Journal": Well, it is very unusual, Judy. 01:35.566 --> 01:40.566 align:left position:10%,start line:77% size:80% I can't -- well, first of all, I think it should be clear that he was asked to comment 01:41.966 --> 01:46.033 align:left position:10%,start line:83% size:80% on the president's own comments, so it wasn't spontaneous. 01:46.033 --> 01:51.000 align:left position:20%,start line:71% size:70% But I can tell you that, after observing him for almost 13 years, that Chief Justice Roberts 01:53.000 --> 01:57.533 align:left position:10%,start line:77% size:80% is probably the most cautious of the justices in terms of sticking even a little toe into 02:01.333 --> 02:03.733 align:left position:20%,start line:89% size:70% the political fray. 02:03.733 --> 02:08.033 align:left position:10%,start line:71% size:80% You do not see him making appearances or speeches at any sort of partisan-related events, for 02:11.233 --> 02:16.233 align:left position:10%,start line:77% size:80% example, the conservative Federalist Society's annual dinner. 02:18.166 --> 02:21.266 align:left position:10%,start line:77% size:80% He restricts or limits his public comments to law schools, as well as meetings of judges. 02:25.933 --> 02:30.933 align:left position:10%,start line:77% size:80% So I think this is something that has been on his mind, though, recently. 02:32.833 --> 02:36.900 align:left position:10%,start line:77% size:80% If you recall, just last month, after the confirmation of Justice Kavanaugh, the chief 02:38.800 --> 02:42.966 align:left position:10%,start line:77% size:80% justice also made some comments during one of those limited appearances that he makes, 02:45.166 --> 02:48.766 align:left position:10%,start line:83% size:80% in which he talked about the kinds of judges we have. 02:48.766 --> 02:53.333 align:left position:10%,start line:77% size:80% JUDY WOODRUFF: Well, we know it is the case, Marcia, that the Ninth Circuit does tend to 02:53.333 --> 02:58.300 align:left position:10%,start line:77% size:80% be a circuit, appellate circuit, that does issue rulings in some instances, in a number 03:00.300 --> 03:04.433 align:left position:10%,start line:77% size:80% of instances that tend to be more liberal than other circuits, just as we know some 03:05.866 --> 03:08.833 align:left position:10%,start line:83% size:80% circuits issue opinions that tend to be more conservative. 03:08.833 --> 03:11.966 align:left position:20%,start line:83% size:70% So does the president have a point here? 03:11.966 --> 03:16.966 align:left position:10%,start line:77% size:80% MARCIA COYLE: Well, the Ninth Circuit has been a punching bag for a number of years 03:17.833 --> 03:19.900 align:left position:10%,start line:89% size:80% from the conservative side. 03:19.900 --> 03:24.566 align:left position:20%,start line:71% size:70% I think it's important to realize that just about all presidents get frustrated with courts 03:25.700 --> 03:28.266 align:left position:30%,start line:89% size:60% at times. 03:28.266 --> 03:31.700 align:left position:10%,start line:71% size:80% I certainly remember that the Obama administration was very frustrated when its policies on immigration, 03:35.533 --> 03:40.533 align:left position:10%,start line:77% size:80% on the environment were blocked or temporarily thwarted by federal district courts. 03:43.133 --> 03:47.566 align:left position:10%,start line:83% size:80% So, as far as the Ninth Circuit goes, it's a huge circuit. 03:47.566 --> 03:49.933 align:left position:20%,start line:83% size:70% It's the biggest circuit court that we have. 03:49.933 --> 03:54.933 align:left position:20%,start line:77% size:70% It is probably right now still majority Democratic appointments. 03:58.033 --> 04:03.000 align:left position:10%,start line:77% size:80% But it's a very diverse bench, and it just depends on what type of panel of three judges 04:06.800 --> 04:11.800 align:left position:10%,start line:77% size:80% that you get when you file your appeal, or, if you're in the low -- even lower court, 04:12.933 --> 04:16.033 align:left position:20%,start line:83% size:70% in the district court, who you get. 04:16.033 --> 04:21.033 align:left position:10%,start line:77% size:80% So I think, Judy, we all have to remember that these judges, when they come to the bench, 04:23.566 --> 04:25.733 align:left position:20%,start line:89% size:70% are not blank slates. 04:25.733 --> 04:30.266 align:left position:10%,start line:77% size:80% They got their appointments because they -- most of them had political connections. 04:30.266 --> 04:35.266 align:left position:10%,start line:77% size:80% They went through a political appointment process and confirmation process, and they 04:36.000 --> 04:39.066 align:left position:20%,start line:89% size:70% have certain ideology. 04:39.066 --> 04:44.066 align:left position:10%,start line:71% size:80% When they're faced with some very difficult, complicated constitutional and statutory issues, 04:45.933 --> 04:50.400 align:left position:10%,start line:77% size:80% as they are facing now, because of policies by the Trump administration, new policies 04:52.866 --> 04:57.633 align:left position:10%,start line:71% size:80% or rollbacks of old policies, sometimes, that ideology is going to play a role as they apply 05:01.433 --> 05:06.433 align:left position:10%,start line:77% size:80% the standard tools that judges apply in trying to interpret the Constitution and federal 05:09.266 --> 05:10.266 align:left position:40%,start line:89% size:50% laws. 05:10.266 --> 05:12.400 align:left position:10%,start line:89% size:80% But they are not blank slates. 05:12.400 --> 05:17.033 align:left position:20%,start line:71% size:70% JUDY WOODRUFF: Well, it certainly is an unusual moment, I think, in the relationship between 05:17.033 --> 05:19.233 align:left position:20%,start line:83% size:70% the president and the Supreme Court. 05:19.233 --> 05:22.033 align:left position:10%,start line:83% size:80% And it's one that we are going to continue to watch. 05:22.033 --> 05:24.400 align:left position:10%,start line:83% size:80% Marcia Coyle, with "The National Law Journal," thank you, Marcia. 05:24.400 --> 05:26.333 align:left position:10%,start line:89% size:80% MARCIA COYLE: My pleasure, Judy. 05:26.333 --> 05:29.800 align:left position:10%,start line:77% size:80% JUDY WOODRUFF: And then, late this evening, President Trump tweeted again. 05:29.800 --> 05:34.800 align:left position:20%,start line:71% size:70% He wrote that there is talk of dividing up the Ninth Circuit Court into two or three circuits. 05:35.966 --> 05:37.533 align:left position:20%,start line:83% size:70% That would require an act of Congress.