JUDY WOODRUFF: In a rare
statement, the chief justice of
the United States, John Roberts,

today pushed back at
President Trump's most recent
attacks on the judiciary.

Roberts said that the United
States doesn't have Obama judges
or Trump judges, Bush judges

or Clinton judges, adding
that we should be thankful
for an independent judiciary.

This comes the day after Mr.
Trump referred to the judge who
ruled against his new asylum

rules as an Obama judge.

DONALD TRUMP, President
of the United States:
This was an Obama judge.

And I will tell you what.

It's not going to happen
like this anymore.

And the Ninth Circuit is really
something we have to take a
look at, because it's -- because

it's not fair.

People shouldn't be allowed
to immediately run to this
very friendly circuit and file

their case.

JUDY WOODRUFF: For more, we
are joined by our regular
Supreme Court watcher, Marcia

Coyle.

She's the chief Washington
correspondent for "The
National Law Journal."

Hello, Marcia, and welcome back.

You won't be surprised to know
that it didn't take long for
President Trump to respond to

what the chief justice said.

Here is what President Trump
tweeted just this afternoon.

He said: "Sorry, Chief Justice
John Roberts, but you do indeed
have Obama judges, and they

have a much different point
of view than the people who
are charged with the safety of

our country."

So, Marcia, how unusual is it
for a chief justice, any chief
justice, but in particular

this one, to take
on the president?

MARCIA COYLE, "The National
Law Journal": Well, it
is very unusual, Judy.

I can't -- well, first of all,
I think it should be clear
that he was asked to comment

on the president's own comments,
so it wasn't spontaneous.

But I can tell you that,
after observing him for
almost 13 years, that
Chief Justice Roberts

is probably the most cautious
of the justices in terms of
sticking even a little toe into

the political fray.

You do not see him
making appearances or
speeches at any sort of
partisan-related events, for

example, the conservative
Federalist Society's
annual dinner.

He restricts or limits his
public comments to law schools,
as well as meetings of judges.

So I think this is something
that has been on his
mind, though, recently.

If you recall, just last month,
after the confirmation of
Justice Kavanaugh, the chief

justice also made some comments
during one of those limited
appearances that he makes,

in which he talked about
the kinds of judges we have.

JUDY WOODRUFF: Well, we know
it is the case, Marcia, that
the Ninth Circuit does tend to

be a circuit, appellate circuit,
that does issue rulings in
some instances, in a number

of instances that tend to
be more liberal than other
circuits, just as we know some

circuits issue opinions that
tend to be more conservative.

So does the president
have a point here?

MARCIA COYLE: Well, the Ninth
Circuit has been a punching
bag for a number of years

from the conservative side.

I think it's important
to realize that just
about all presidents get
frustrated with courts

at times.

I certainly remember that
the Obama administration
was very frustrated when
its policies on immigration,

on the environment were blocked
or temporarily thwarted by
federal district courts.

So, as far as the Ninth Circuit
goes, it's a huge circuit.

It's the biggest circuit
court that we have.

It is probably right
now still majority
Democratic appointments.

But it's a very diverse bench,
and it just depends on what
type of panel of three judges

that you get when you file
your appeal, or, if you're in
the low -- even lower court,

in the district
court, who you get.

So I think, Judy, we all have
to remember that these judges,
when they come to the bench,

are not blank slates.

They got their appointments
because they -- most of them
had political connections.

They went through a political
appointment process and
confirmation process, and they

have certain ideology.

When they're faced with
some very difficult,
complicated constitutional
and statutory issues,

as they are facing now, because
of policies by the Trump
administration, new policies

or rollbacks of old
policies, sometimes,
that ideology is going to
play a role as they apply

the standard tools that judges
apply in trying to interpret
the Constitution and federal

laws.

But they are not blank slates.

JUDY WOODRUFF: Well, it
certainly is an unusual
moment, I think, in the
relationship between

the president and
the Supreme Court.

And it's one that we are
going to continue to watch.

Marcia Coyle, with "The National
Law Journal," thank you, Marcia.

MARCIA COYLE: My pleasure, Judy.

JUDY WOODRUFF: And then,
late this evening, President
Trump tweeted again.

He wrote that there is
talk of dividing up the
Ninth Circuit Court into
two or three circuits.

That would require
an act of Congress.