President Donald Trump says he regrets nominating Neil Gorsuch, Amy Coney Barrett and Brett Kavanaugh to the Supreme Court.
Asked about the three appointments during a Monday interview with TIME, Trump answered affirmatively and complained about unfavorable rulings. He also said he wanted sound decisions rather than loyalty. Reuters reported the exchange Thursday.
“They voted against me too often,” Trump said.
Later, when asked whether he wanted loyalty from the justices, he responded: “No, I don’t want loyalty. I want good decisions.”
Three Appointments With Lasting Consequences
Trump nominated all three justices during his first term. Their official Supreme Court biographies document their appointments and service.
Gorsuch joined the court in 2017, filling the vacancy left by Justice Antonin Scalia. Kavanaugh joined in 2018, succeeding Justice Anthony Kennedy. Barrett joined in 2020, following Justice Ruth Bader Ginsburg’s death.
The appointments gave Trump three selections to a nine-member institution. Barrett’s replacement of Ginsburg strengthened the court’s conservative majority, but the justices do not necessarily reach the same conclusions in individual cases.
Their appointments also extend beyond Trump’s presidency. Supreme Court service does not end when the president who selected a justice leaves office.
Kavanaugh Previously Received Trump’s Praise
Trump’s criticism of all three appointees contrasts with his response to the court’s February tariff decision.
During a February 20 press conference, Trump praised Kavanaugh, along with Justices Clarence Thomas and Samuel Alito, for dissenting from the ruling.
Trump singled out Kavanaugh’s reasoning and said he was proud of the appointment. He criticized Gorsuch and Barrett, who joined the majority.
The distinction matters when assessing the president’s latest remarks. His three appointees have not formed a single bloc against him. In the tariff case, Kavanaugh supported the administration’s position while Gorsuch and Barrett reached a different conclusion.
Trump’s February comments also show how sharply his public assessment of an appointee differs depending on the decision under discussion.
The Tariff Case Split Trump’s Appointees
The court’s February ruling rejected Trump’s use of an emergency-powers law to impose sweeping tariffs.
The case record for Trump v. V.O.S. Selections records Gorsuch and Barrett joining Chief Justice John Roberts and the court’s three liberal justices in the judgment against the administration.
Kavanaugh wrote a dissent joined by Thomas and Alito.
The case illustrates a basic distinction between judicial selection and judicial decision-making. A president nominates someone whose legal approach he supports. Once confirmed, the justice decides cases as a member of a separate branch of government.
Agreement on a broad legal philosophy does not establish agreement on every statute, constitutional question or claim of executive authority.
A President Has No Power to Fire a Justice
Trump’s expression of regret does not alter the justices’ tenure.
Under Article III of the Constitution, Supreme Court justices and other Article III judges hold office during good behavior. The federal judiciary’s explanation of judicial tenure describes these as lifetime appointments, subject to limited exceptions.
Removal requires impeachment by the House of Representatives and conviction by the Senate. A president has no unilateral authority to dismiss a justice or withdraw a completed appointment.
The appointment process itself divides responsibility between branches: the president nominates and the Senate confirms. After confirmation, a justice does not serve as a presidential adviser or administration official.
Those protections separate judicial service from positions whose occupants serve at the president’s pleasure.
Criticism Does Not Change a Court Ruling
Presidents remain free to criticize judicial reasoning and argue for different interpretations of the law. Their criticism does not reverse a judgment or change the votes recorded in a case.
For readers assessing Trump’s remarks, the relevant distinction is between disagreement with a legal conclusion and disappointment in the person who reached the conclusion.
Trump’s interview includes both a complaint about how often the justices ruled against him and his denial of an expectation of loyalty. Neither statement changes the court’s constitutional position.
Gorsuch, Barrett and Kavanaugh retain their seats and authority to decide cases independently of the president who nominated them.
