NEWPORT BEACH, CALIFORNIA (February 23, 2026) – An independent judiciary is fundamental to a democratic society governed by the Rule of Law. The American College of Trial Lawyers (ACTL) condemns the recent statements by President Donald Trump attacking the six Supreme Court Justices who ruled that the Trump Administration’s use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs was unconstitutional. (Learning Resources, Inc., et al. v. Trump).
Any citizen, including the President, has the right to express disagreement over the conclusion of a Supreme Court ruling. Disagreements between the Executive Branch and the Judicial Branch are not uncommon, and many past Presidents have criticized a particular decision of the Supreme Court in harsh terms.
But that is a far cry from a President personally attacking the members of the Court by demeaning them in public and accusing them of violating the Constitution at the behest of foreign actors – an impeachable and criminal offense.
President Trump’s comments fall far outside the bounds of acceptable conduct. Within hours of the ruling, President Trump noted that he was “ashamed of certain members of the court, absolutely ashamed, for not having the courage to do what’s right for our country.” He accused the majority of being “swayed by foreign interests,” and claimed that foreign countries were “dancing in the streets” because of the decision. When asked by a reporter if he had any evidence to support his claim of foreign influence, he cited none but noted: “you’re going to find out.”
By personalizing and politicizing his criticism of the Court the President threatens both the Rule of Law and judicial independence. Such rhetoric erodes public confidence in the judiciary; if citizens are led to believe that Supreme Court Justices are corrupt or disregard the Constitution, faith in our system of justice cannot endure. These public attacks are also inherently intimidating, signaling that decisions viewed as disloyal will bring public shaming and may threaten a judge’s personal safety. Expecting judges to withstand such pressure demands extraordinary moral courage. Our judicial system should not be subjected to this kind of test – least of all by a President of the United States.
This is not a partisan issue. All of us, but especially our leaders, should respect the Supreme Court and the rest of our judiciary and understand the essential role they serve in our democracy. Such unsupported personal attacks by the President have no place in our system of justice.
Read the full statement here.
Audience Type
- Fellows
- General Public
- Judges
- Lawyers
- Media/Press
Post Type
- News
- Public Statement
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