The Statement

We who sign this statement have three critical things in common. We are attorneys. We swore oaths to support the United States Constitution. And we are profoundly concerned about a current threat to that Constitution: President Trump’s continuing attacks on our judicial system. In signing, we express no opinion on any policy matter other than the administration’s relationship with the courts. We come from all walks of life, hold political views across the spectrum, and are not representing any political, partisan, or other group. We sign only as concerned citizens doing our best to uphold our oaths to defend the Constitution. We call upon President Trump, as the leader of our executive branch of government, to treat the judiciary with the respect it deserves under the United States Constitution as his co-equal branch of government. It is unacceptable for the President to call for the impeachment of judges simply because they hand down decisions with which he disagrees. As Chief Justice Roberts recently stated: “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.” It is unacceptable for the Vice-President to suggest that the courts have no control over the executive’s exercises of power. The Constitution sets forth in Article III the courts’ jurisdiction over all cases and controversies arising under the Constitution, and the Framers made clear in The Federalist No. 78 that the courts were to serve as a check on exercises of both executive and legislative power. It is unacceptable for the administration’s “border czar” to state that he does not “care what the courts think.” It is unacceptable to suggest that judges commit “sedition or treason” when they strike executive actions as illegal or unconstitutional. Not only are these remarks unconstitutional in spirit, they encourage the American people to ignore or violate judicial rulings whenever there are decisions with which they disagree. It is also unacceptable for the President to attack and intimidate attorneys working within the judicial system. Using executive orders to punish law firms who have litigated against him is not only an abuse of power but a violation of the first amendment’s speech and petition clauses. Circulating the personal data and addresses of attorneys who have opposed him is irresponsible at best, and dangerous at worst, and it must stop. From his actions, it appears that the President is deliberately weakening the legitimacy of the judicial branch. Although he has stated that he will not defy the courts, his actions strongly suggest otherwise. We are prepared to stand against any such effort. For when the judiciary no longer carries legitimacy with the American people, the nation will dissolve into chaos. Our cherished individual rights will be unenforceable and unprotected. The rule of law will be gone, as will our nearly 250-year-old Constitutional republic.
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