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Supreme Court Justice Sonia Sotomayor emphasized the historical precedent of presidential compliance with judicial decisions, while advocating for measured judicial reform to maintain governmental checks and balances. Though she refrained from directly addressing President Donald Trump, her comments came amid growing tensions between the executive branch and judiciary.
“By and large, we have been a country who has understood that the rule of law has helped us maintain our democracy,” she said Tuesday. “But it’s also because the court has proceeded cautiously, and has proceeded understanding that it has to proceed slowly.”
The timing of Sotomayor’s remarks coincides with mounting challenges from Trump administration officials regarding judicial authority to halt recent executive actions. These challenges emerge as courts block presidential initiatives, including attempts to implement widespread federal resignations and eliminate birthright citizenship.
Justice Sotomayor’s analysis that the Court is moving “too quickly in upheavals” is entirely inaccurate.
The Roberts Court has altered, on average, 1.7 precedents each year. Compared to the Court’s post-WWII predecessors, the Warren Court altered 3.1 decisions each term and the… pic.twitter.com/eAEvjELESR
— Carrie Severino (@JCNSeverino) February 11, 2025
In her address, Sotomayor referenced the landmark 1803 Marbury v. Madison case, highlighting its establishment of judicial review over legislative constitutionality. The Obama-appointed justice acknowledged rare instances of presidential defiance, citing Andrew Jackson’s 1832 dismissal of a Supreme Court ruling that protected Cherokee lands from federal interference.
“We must be cognizant that every time we upset precedent, we upset people’s expectations and the stability of law. It rocks the boat in a way that makes people uneasy about whether they’re protected or not protected by the law.”
Her comments follow recent criticisms of the conservative-majority court’s decisions to overturn long-standing precedents. The court’s recent actions include the 2022 reversal of Roe v. Wade, eliminating federal abortion protections, and the dismantling of affirmative action in college admissions – both influenced by Trump’s three conservative appointee selections.
Sotomayor championed a more gradual approach to judicial change. “And if you’re going to undo precedent, do it in small measures. Let the society absorb the steps,” she said.
"Sonia Sotomayor Has Faith Court Orders Won’t Be Ignored Amid Fears About Trump’s Views" – HuffPost #SmartNews https://t.co/sdF98RmbPD
— osledo2021 (@osledo221) February 12, 2025