Supreme Court Justices Sonia Sotomayor and Ketanji Brown Jackson (KBJ) have been critical of the Trump Administration. KBJ—who cannot define a woman because she is not a biologist— recently addressed a judges’ conference in Puerto Rico, where she condemned attacks on the judiciary or rather, criticism of their opinions by the Trump Administration, “warning that they pose a threat to democracy.” She, or whatever her pronoun is, stated:
“The attacks are not random. They seem designed to intimidate those of us who serve in this critical capacity. The threats and harassment are attacks on our democracy, on our system of government. And they ultimately risk undermining our Constitution and the rule of law.”
First, where was Sotomayor and KBJ when Senator Chuck Schumer stood outside the Supreme Court and threatened Justices Neil Gorsuch and Brett Kavanaugh that they would “pay the price” for their decisions on abortion rights? NOWHERE! This was an outright threat, while the Trump Administration is just disagreeing with their legal rulings.
This criticism that Sotomayor and KBJ are worried about is of their own making. Furthermore, it is not unusual for Presidents to verbally disagree with the decisions of judges, which goes back to the Founding generation. Thomas Jefferson warned us: “To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy [consisting of nine Supreme Court Justices]. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privileges of their corps.”
KBJ’s address to judges in Puerto Rico proves Jefferson’s point—they have “the same passions for party, for power, and the privileges of their corps”— we (judges) “serve in this critical capacity” and if everyone does not agree or accept our rulings without question, “our Constitution and the rule of law” will be undermined. In addition, the three most “liberal” Justices—Sotomayor, KBJ, and Elena Kagan—have “the same passion for party” and tend to support democratic policies. Kagan is a registered democrat in Washington D.C., Sotomayor was appointed by former President Obama, and KBJ by Joe Biden, or at least somebody in his Administration.
It's not just the “liberal” Justices that seem to have a problem with their “passions for power, and the privileges of their corps,” from time-to-time, some so-called conservative Justices tend to side with the “liberals.” In a 7-to-2 decision on May 16, 2025, the Supreme Court stopped the removal of Venezuelan nationals identified as members of Tren de Aragua, a designated foreign terrorist organization, under the Alien Enemies Act, 50 U.S.C. §212. The Supreme Court vacated the judgment of the Fifth Circuit, and the case was remanded back to the Fifth Circuit. In Justice Kavanaugh’s concurring opinion, he wrote, “The circumstances call for a prompt and final resolution, which likely can be provided only by this Court.” So, this remanded case will find its way back to the Supreme Court. What a waste of time and money!
The following is the response from the Court of Appeals for the Fifth Circuit, Judge James C. Ho:
“Last Friday, the Supreme Court reversed our unanimous decision, over a vigorous dissent by Justice Alito, joined by Justice Thomas.”
“As an inferior court, we’re duty-bound to follow Supreme Court rulings—whether we agree with them or not. We don’t have to like it. But we have to do it. So I concur in our order today expediting our consideration of this matter, as directed by the Supreme Court.”
“But I write to state my sincere concerns about how the district judge as well as the President and other officials have been treated in this case. I worry that the disrespect they have been shown will not inspire continued respect for the judiciary, without which we cannot long function.”
“It is not the role of the judiciary to check the excesses of the other branches, any more than it’s our role to check the excesses of any other American citizen. Judges do not roam the countryside looking for opportunities to chastise government officials for their mistakes.”
In this nine-page Published Order, Judge Ho also wrote, “We seem to have forgotten that this is a district court—not a Denny’s. This is the first time I’ve ever heard anyone suggest that district judges have a duty to check their dockets at all hours of the night, just in case a party decides to file a motion.” This Published Order is priceless and rightly criticizes the Supreme Court, a great read, 25-10534-CV0.pdf.
Why didn’t the Supreme Court accept the Fifth Circuit’s unanimous decision and expeditiously resolve this issue once and for all… it’s all about politics!
There was a Harvard Law panel debate on May 18, 2017, about the impact of politics on the Supreme Court, noting that the Court has been increasingly politicized, particularly in decisions related to abortion, gun rights, and election laws. Some legal scholars argue that judicial rulings are being shaped by political ideology rather than strict legal interpretation. The panel, which included prerecorded remarks from Senator Ted Cruz, a Harvard Law alumnus, analyzed the problem, but offered no solutions.
In 2019, I wrote about the problem, Take Politics Out of the Supreme Court and Restore Freedom. Unlike the Harvard Law panel discussion, I offered specific solutions. The Supreme Court could easily make three rule changes which could:
1) Clarify judicial decision-making, reducing ideological bias in rulings.
2) Strengthen constitutional protections, ensuring laws align more closely with the Founders’ intent.
3) Limit government overreach, reinforcing individual liberties.
All the details of when, why, who, and how this politicalization problem evolved, and how it can be abolished, are explained in Take Politics Out of the Supreme Court and Restore Freedom.
During Barack Obama’s presidency (2009 – 2017), immigration authorities deported more than 3 million illegal aliens. By 2015 over 2.5 million people had been formally deported. Most of these deportations were carried out through expedited processes, meaning a significant percentage of individuals were removed without appearing before a judge. Lawsuits to keep illegal aliens in our country under Obama were extremely rare.
In todays politically charged environment, President Trump has only been in office about 4 months, lawsuits are mounting up rapidly, and the judiciary is siding with hardened illegal alien criminals—the worst of the worst to include murderers, rapists, and child traffickers. In addition, the lamestream media and the Democratic party are siding with these gang members/criminals. This is insanity!
Spread the word, read and recommend, Take Politics Out of the Supreme Court and Restore Freedom, contact your Representatives, send a copy of my book to your favorite Supreme Court Justice, and above all, support President Trump. He will Make America Great Again! However, he needs our help to make his changes permanent this time around. The Supreme Court must be persuaded to change their rules, and the Sixteenth Amendment must be repealed. Please go to our website and sign our petition to Abolish the IRS.
"The only thing necessary for the triumph of evil is for good men to do nothing." So don’t just read this post, do something!
Dum Spiro Spero—While I breathe, I hope.
Slàinte mhath,
Robert (Mike) G. Beard Jr., C.P.A., C.G.M.A., J.D., LL.M.