In the 2015 case of Obergefell v. Hodges, America's highest judicial body ruled five to four that the Constitution recognizes a right to gay marriage.

That case saw the late Justice Antonin Scalia author a rogue dissent which some now say was prophetic in terms of the current president's approach to the judiciary.

Scalia's critique

As Fox News recalled in a report published this week, Scalia maintained that the controversial decision undermined the ability of voters to govern themselves.

"A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy," he wrote.

What's more, the late justice went on to lambast the "hubris" exhibited by his colleagues, including former Justice Anthony Kennedy.

The Reagan appointee complained that Kennedy's majority opinion contained "straining-to-be-memorable passages" which were "couched in a style that is as pretentious as its content is egotistic."

"The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie," he asserted.

Legal scholar: Scalia "the primary driver" of judicial skepticism

Fox News noted that President Donald Trump's complaints regarding the federal judiciary seem to echo Scalia's characterizations.

"Justice Scalia was actually one of the primary drivers of this," said constitutional law scholar John Shu, who served in the administration of President George H.W. Bush as well as that of his son.

Trump reacted angrily in May when the U.S. Court of International Trade struck down his tariff policy, arguing that the president had exceeded his authority under the International Emergency Economic Powers Act (IEEPA).

"Where do these initial three Judges come from?" Trump demanded in a social media post. "How is it possible for them to have potentially done such damage to the United States of America? Is it purely a hatred of 'TRUMP?' What other reason could it be?"

President slams "activists judge" on immigration ruling

The president also took issue when a court blocked one of his immigration initiatives, writing, "Our Court System is not letting me do the job I was Elected to do."

Our Court System is not letting me do the job I was Elected to do. Activist judges must let the Trump Administration deport murderers, and other criminals who have come into our Country illegally, WITHOUT DELAY!!!

From Donald Trump Truth Social 05/07/25 09:49 AM

— Commentary Donald J. Trump Posts From Truth Social (@TrumpDailyPosts) May 7, 2025

"Activist judges must let the Trump Administration deport murderers, and other criminals who have come into our Country illegally, WITHOUT DELAY!!!" he added.