Supreme Court Justice Brett Kavanaugh, a Trump appointee, occupies a unique position following a 6-3 decision against the president on tariffs, according to Harvard Law School professor Richard J. Lazarus.
Lazarus argued in a Washington Post column that Kavanaugh should use his current favor with Trump to defend the Court’s institutional integrity after the president attacked his colleagues.
Following the ruling, Trump posted on Truth Social, “My new hero is United States Supreme Court Justice Brett Kavanaugh and, of course, Justices Clarence Thomas and Samuel Alito. There is no doubt in anyone’s mind that they want to, MAKE AMERICA GREAT AGAIN!”
Trump likely singled out Kavanaugh for his dissenting opinion, in which the conservative justice agreed that refunding tariff revenue would create a “mess’ for the Trump administration. Thomas and Alito were also in the minority in the ruling.
Trump subsequently attacked other justices, calling them “fools and lapdogs,” “a disgrace to our nation,” “unpatriotic and disloyal to our Constitution,” “swayed by foreign interests,” and “slimeballs.”
Lazarus suggested Kavanaugh issue a formal statement defending the Court. “Kavanaugh should consider seizing this historic moment by issuing a formal statement supporting the court, the integrity of his colleagues and the legitimacy of the court’s rulings, even those with which he disagrees.”
Lazarus employed a bullying analogy to explain why Kavanaugh’s intervention matters. “It is when those in the bully’s presumed community make clear their objection and distance themselves that the bully is rendered powerless. This is no less true for the president’s bully pulpit.”
Lazarus concluded, “Kavanaugh can meet his moment in history by affirming that his overriding allegiance lies with his colleagues on the court and in their shared mission to work together to promote the rule of law.”
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