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93 N.Y.U. L. Rev. Online 1 (2018)

handle is hein.journals/nyulro93 and id is 1 raw text is: INTRODUCTION COURTS UNDER PRESSURE: JUDICIAL INDEPENDENCE AND RULE OF LAW IN THE TRUMP ERA JOHANNA KALBT & ALICIA BANNON* Since President Trump first took office, many of his most prominent and divisive policies have landed in, and been blocked by, courts-from the travel ban, to the transgender military ban, to efforts to defund sanctuary cities. The President has responded by attacking the courts, occasionally even taking to Twitter to personally denounce judges who issue opinions that he dislikes.' For example, he responded to a district court's rejection of the first travel ban by suggesting that judges should be blamed in the event the United States experiences a terrorist attack.2 He also criticized the Ninth Circuit after its adverse decisions on the travel ban and on his executive order withdrawing funding from so-called sanctuary cities, citing the circuit's terrible record of being overturned (close to 80% ).13 f Fellow in the Democracy Program at the Brennan Center for Justice at New York University School of Law and Professor of Law at Loyola University New Orleans College of Law. I Deputy Director for Program Management in the Democracy Program at the Brennan Center for Justice at New York University School of Law. * We would like to thank Pichaya Winichakul, Marcelo Triana, and the New York University Law Review for their assistance in developing this collection and to the authors for their participation. Copyright © 2018 by Johanna Kalb and Alicia Bannon. 1 See In His Own Words: The President's Attacks on the Courts, BRENNAN CTR. FOR JUSTICE, https://www.brennancenter.org/analysis/his-own-words-presidents-attacks-courts (last visited Mar. 29, 2018) (detailing President Trump's criticisms, in tweets and speeches, of courts). 2 Donald J. Trump (@realDonaldTrump), TWITTER (Feb. 5, 2017, 12:39 PM), https://twitter.com/realDonaldTrump/status/828342202174668800 (Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!). 3 Donald J. Trump (@realDonaldTrump), TWITTER (Apr. 26, 2017, 3:36 AM), https://twitter.com/realDonaldTrump/status/857182179469774848. While it is true that seventy- nine percent of the cases reviewed by the Supreme Court were reversed in the period between 2010 and 2015, when considering the rate of reversal based on all cases decided by the circuit, the reversal rate is below one percent. Lauren Carroll & Miriam Valverde, Does the Ninth Circuit Have an Overturn Record 'Close to 80%'?, POLITIFACT (Apr. 26, 2017, 11:24 AM), http://www.politifact.com/truth-o-meter/statements/2017/apr/26/donald-trump/does-ninth-circuit- have-overturn-record-close-80/. 1

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