J. Michael Luttig Criticizes Chief Justice Roberts Over Trump Stance

Washington, D.C. — Former federal judge J. Michael Luttig expressed his deep disappointment in Chief Justice John Roberts for not taking a stronger stand against Donald Trump. In a recent interview, Luttig described Roberts’ failure as an “unforgivable reticence.”

Luttig, who once served on the U.S. Court of Appeals for the Fourth Circuit, made these comments during a podcast with historians Sidney Blumenthal and Sean Wilentz. He highlighted how Roberts, a longtime friend, has not adequately addressed the threats posed by Trump to the judicial system.

“John, my friend, is one of the smartest people I’ve ever met. He knows everything that’s going on, and that’s why I’ve been so disappointed in him,” Luttig said. He emphasized that Roberts’ silence on Trump’s attacks undermines the integrity of the judiciary.

Over the years, Trump has criticized judges who block his policies, calling them “Obama judges” and sparking concerns among legal experts. Roberts responded previously, stating, “We do not have Obama judges or Trump judges, Bush judges or Clinton judges.” However, critics suggest that Roberts’ rulings have often favored Trump’s expansive view of presidential power.

In the podcast, Luttig outlined two main issues troubling Roberts: the internal dynamics of the court and his reluctance to confront the president directly. He described this reticence as particularly troubling, suggesting that it allows the president to continue undermining judicial authority.

“It’s unfair for the chief justice to attribute misconduct to all of us, including the Democrats,” Luttig said. Public sentiment toward the Supreme Court indicates a crisis; recent polls show that only 47 percent of Americans view the court favorably.

Blumenthal probed Luttig about whether Roberts is aware of the potential damage to the court’s reputation. Luttig replied, “He knows everything there is to know about that perception.” He believes Roberts knows the importance of addressing rising political violence but feels obliged to weigh that against his position.

Luttig recalled a recent visit to New York where he was shocked at the prospect of Roberts not addressing safety concerns for federal judges. “It’s his highest obligation as chief justice to speak for the safety of federal judges,” he stated. He expressed concern that the inaction creates unease among judges.