MIAMI — U.S. Supreme Court Justice Sonia Sotomayor emphasized the importance of the judiciary maintaining its authority while urging caution in its actions to preserve a system of checks and balances. During her remarks on Tuesday, she noted that historically, U.S. presidents have adhered to court decisions, with very few exceptions, although she did not specifically address former President Donald Trump’s attempts to extend the boundaries of executive power.
“For the most part, our nation has recognized that adherence to the rule of law has been vital for sustaining democracy,” Sotomayor stated. “This understanding is also rooted in the judiciary’s careful approach and its need to take measured steps.”
As a member of the court’s liberal faction, Sotomayor’s comments were made in light of the growing tensions between the Trump administration and the judiciary, particularly regarding various sweeping policy changes. High-ranking officials within the administration have begun to openly challenge the courts’ authority to counteract the president’s initiatives over recent weeks.
Judicial intervention has occurred in response to Trump’s attempts to restructure government agencies and reduce the federal workforce significantly. Courts have taken action to prevent mass resignations from federal positions and have halted an executive order that sought to eliminate birthright citizenship for children born in the U.S.
Pointing to the landmark 1803 case Marbury v. Madison, Sotomayor underscored the principle that courts hold the ultimate authority in determining the constitutionality of laws.
Since her appointment by President Barack Obama in 2009, Sotomayor has observed that while there have been instances of presidents disregarding court orders, such occurrences are rare. She referenced President Andrew Jackson’s defiance of a Supreme Court ruling in 1832 that favored the Cherokee Nation, who were being forcibly removed from their territory.
Previously, Sotomayor has criticized the conservative majority on the Supreme Court for overturning longstanding legal precedents. Speaking to an audience in Miami, she expressed concern that upending these precedents leads to discomfort among the public regarding the law’s stability and their protection under it.
“Each time we disturb established legal precedent, we disrupt people’s expectations and the stability of the law, creating uncertainty about whether individuals are adequately protected,” she noted.
The court’s decision to overturn Roe v. Wade in 2022, which removed nationwide protections for abortion rights, was highlighted by Sotomayor. Trump has since claimed credit for this shift, having appointed three conservative justices during his presidency. The court also recently ended affirmative action policies concerning college admissions.
Sotomayor reiterated her belief in a more measured approach to judicial change, advocating for a gradual unwinding of precedents to allow society the opportunity to adjust. “If precedent is to be undone, it should be done incrementally. This will enable society to process each step along the way,” she urged.
