*This piece originally appeared on The Huffington Post.
by Lara Schwartz, Former ACS Director of Strategic Engagement and Professorial Lecturer, SPA Honors Program Director and Adjunct Professor, Washington College of Law at American University
After Judge James Robart of the U.S. District Court for the Western District of Washington issued an order halting enforcement of President Trump’s executive order on immigration, Trump took to Twitter, stating “The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!” Opponents rightly sounded the alarm about this extraordinary disrespect for the judicial function and our Constitution. Sen. Chuck Schumer tweeted that it “shows a disdain for an ind. Judiciary that does not bend to his wishes & lack of respect for the Constitution.”
This is not simply one more example of Trump’s thin-skinned attitude or his intolerance for dissent. It casts doubt on his capacity to fulfill his constitutional duty to nominate fair-minded, independent judges. Everything we know about Trump should lead us to believe he wants to nominate judges who will put loyalty to him above faithfulness to the law. This means any potential justice whom Trump would consider a satisfactory choice to fill the late Justice Scalia’s seat would be presumptively unfit.
Trump introduced his nominee, 10th Circuit Judge Neil Gorsuch, to America just days after the executive order that “so-called” federal judges have halted. It is now incumbent upon Gorsuch to demonstrate that in spite of having earned Trump’s approval, he is an independent thinker who can keep his oath to uphold our Constitution and not, in the words of Molly Ivins, to “dance with them what brung” him.