President renews attacks on ninth circuit after a judge in San Francisco ruled against an attempt to override asylum law

Unwilling to leave political arguments for after Thanksgiving, Donald Trump returned to the offensive against judges and judgements he does not like, blaming both for “bedlam, chaos, injury and death”.

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As he did so, the president repeatedly targeted a federal appeals court, dismissed extraordinary criticism from the chief justice of the US supreme court and made what some deemed inappropriate remarks to troops participating in a holiday telephone call.

Trump’s initial attacks on the ninth circuit, which covers the west coast as well as Montana, Idaho, Nevada and Arizona, came after a judge in San Francisco ruled against an attempt to override asylum law, with regard to a so-called “caravan” of migrants approaching the US border.

“Whatever the scope of the president’s authority,” Jon Tigar wrote, “he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden.”

Tigar, who was appointed by Barack Obama in 2012, is in fact a district judge based in San Francisco, under the jurisdiction of the ninth circuit but not a member of its appeals court.

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On Wednesday, in response to the president’s invective on the matter, Roberts issued a statement denying that judges’ opinions were shaped by the president who appointed them.

“We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” said Roberts, a conservative appointed by George W Bush in 2005.

“What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.”

Trump tweeted then: “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. It would be great if the ninth circuit was indeed an ‘independent judiciary’, but if it is why are so many opposing view (on border and safety) cases filed there, and why are a vast number of those cases overturned.

“Please study the numbers, they are shocking. We need protection and security – these rulings are making our country unsafe! Very dangerous and unwise!”

In another tweet, Trump cited Fox News for a “79%” figure regarding overturned ninth circuit cases. The Washington Post reported that though ninth circuit rulings are often overturned by the supreme court, “studies show that over the past five years, three other [circuit courts] have a higher percentage of decisions overturned”.

On Thursday, shortly after dawn, the president returned to the attack, writing: “Justice Roberts can say what he wants, but the ninth circuit is a complete and total disaster. It is out of control, has a horrible reputation…

“Judges must not legislate security and safety at the border, or anywhere else. They know nothing about it and are making our country unsafe. Our great law enforcement professionals MUST BE ALLOWED TO DO THEIR JOB! If not there will be only bedlam, chaos, injury and death. We want the constitution as written!”

Trump again vented spleen on the subject during a teleconference with US troops and coast guard members from his Mar-a-Lago resort in Florida. After vaunting his record on border security, the president called the ninth circuit “a big thorn in our side” and “a disgrace”. Analysts said service members should not be asked about such issues.

After the call, Trump told reporters he “liked and respected” Roberts, but repeated his complaints about the ninth circuit, on which he said he had “shone some light”.

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He also floated the possibility of a government shutdown next month if he does not get funding for a border wall, and he would “close entry into the country for period of time” if he deemed the southern border “uncontrollable”.

He had given troops at the border the “OK” to use lethal force against migrants “if they have to”, he said, adding: “I hope they don’t have to. But you know, you’re dealing with a minimum of 500 serious criminals.”

With the White House and Senate in Republican hands since 2016, a vast number of “Trump” judges have been appointed, including two to the supreme court from a list compiled by the rightwing Federalist Society. Most observers agree judicial appointments are shaped by the ideology of the president and party making them, and that judges have political opinions, even if they act independently.

Trump has regularly attacked judges with whom he disagrees. In 2016 he said an Indiana judge ruling on a case involving Trump University could not be impartial because of his “Mexican heritage”. In 2017, he attacked the legitimacy of a Washington-state judge who ruled against his first travel ban against people from certain Muslim-majority countries.

On the campaign trail, Trump regularly attacked Roberts for a 2012 vote that upheld the Affordable Care Act. In June, however, Roberts wrote the decision in the ruling that upheld the travel ban.