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Republicans Respond to Trump's Supreme Court Criticisms

Republican senators have publicly disagreed with former President Donald Trump's recent criticisms of Supreme Court justices following a ruling on mail-in ballots. Justice Amy Coney Barrett, a Trump appointee, declined to comment directly on his remarks but discussed the broader increase in attacks on the judiciary. These developments occur as the Supreme Court prepares for its 'long conference' to review accumulated petitions.

09/28/2026 · Alabama edition

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WASHINGTON – Republican senators have publicly disagreed with former President Donald Trump's recent criticisms of Supreme Court justices, which followed a court decision related to mail-in ballots.

The Supreme Court declined a request from the Trump administration to implement parts of a plan for the U.S. Postal Service to screen mail-in ballots. Following this decision, Trump criticized Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, all of whom he appointed, on Truth Social, stating they "are merely a shell of their original selves."

Responding to Trump's comments, Republican senators voiced support for the justices. "I know every one of the justices. I think they do their very best to call it like they see it and that’s their job," said Sen. John Kennedy, a Republican from Louisiana and a member of the Senate Judiciary Committee.

Sen. John Cornyn, a Republican from Texas and also on the Judiciary Committee, similarly stated, "An independent judiciary is really the most important institution in our government."

Justice Amy Coney Barrett, during an appearance at the University of Virginia, was asked about Trump's criticisms. She did not comment on the president's specific statements. When asked if recent disparaging comments from Trump and White House Deputy Chief of Staff Stephen Miller had increased threats to the judiciary, Barrett acknowledged a broader increase in attacks on the judiciary and individuals in Washington.

"We certainly live in a time and in a climate where people are quick to say things that I certainly wish – you know – that they wouldn’t," Barrett said. She also discussed the personal impact of her position, describing it as a "lonely job" and noting difficulty in forming new friendships as a justice.

Trump continued his criticisms of the Supreme Court, posting on Truth Social that the justices issued "faulty, political, and ridiculous decisions" regarding tariffs and birthright citizenship. He claimed these decisions cost the United States "trillions of dollars." Trump wrote, "Unfortunately, the United States Supreme Court has lacked the Courage to MAKE AMERICA GREAT AGAIN. It has been a sad chapter in the life and times of America, but we will prevail!"

In related legal developments, the Justice Department argued that a June Supreme Court ruling, which expanded the president's power to remove agency heads, also applies to junior employees. This argument was made in a case concerning Trump's removal of former federal prosecutor Maurene Comey, daughter of former FBI Director James Comey. Justice Department lawyer Tyler Becker stated that "employees or inferior officers who exercise conclusive and preclusive executive power must be removable at will."

Separately, the Trump administration has requested the Supreme Court to allow the Department of Homeland Security to use the Systematic Alien Verification for Entitlements database to identify noncitizens on state voter rolls. The court could issue a decision on this matter at any time.

An appeals court recently restricted a Trump administration deportation effort. The U.S. Court of Appeals for the 1st Circuit ruled that immigrants facing deportation to third countries must receive "a meaningful opportunity" to raise fears of persecution or torture beforehand. The three-judge panel rejected the administration's argument that assurances from foreign governments were sufficient. The administration may appeal this ruling.

The Justice Department also issued a memorandum opinion stating that a federal law prohibiting firearms dealers from selling handguns to individuals between 18 and 20 years old is unconstitutional. This guidance is not legally binding and comes amid ongoing legal debate regarding age limits on gun purchases. Several circuit courts have issued conflicting rulings on similar state-level restrictions, and the Supreme Court previously declined to address the issue.

The Supreme Court is scheduled to hold its "long conference" on Monday, Sept. 28, to discuss petitions for review accumulated during its summer recess. This conference will include discussions on two new petitions related to 9/11, concerning plea agreements for individuals allegedly involved in the attacks.

Justice Brett Kavanaugh, speaking at a Notre Dame panel marking 25 years since 9/11, recounted his experiences on that day as associate counsel to President George W. Bush. He described being evacuated from the White House and later researching the president's emergency powers. Kavanaugh encouraged students born after 9/11 to watch Bush's address at the National Cathedral. He concluded by stating that the attacks were motivated by opposition to the U.S. Constitution and its values, and that the country has preserved these since.

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