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Judicial Independence May Require Confrontation
SCOTUS cannot avoid a constitutional crisis by avoiding confrontation with the administration.
And, as Roberts points out, disinformation—that is, intentional lies as distinguished from disagreement and criticism—is amplified and exacerbated by foreign and domestic actors, including Russia, who see undermining trust in the courts as a powerful way to weaken our democracy. Some observers saw this as a warning shot across the bow to Vice President Vance, who in September 2021 said that Trump, if reelected, should “fire every single mid-level bureaucrat, [and] every civil servant in the administrative state … and when the courts stop you, stand before the country and say: ‘The chief justice has made his ruling. She served as undersecretary at the Department of Homeland Security (DHS), responsible for cybersecurity and critical infrastructure protection, Ms. Spaulding has held key roles in both Republican and Democratic administrations and on both sides of the aisle in Congress.
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