Posted on 03/25/2025 5:14:41 PM PDT by Red Badger
President Donald Trump faces a bevy of district court judges issuing restraining orders and injunctions blocking his executive actions, and Josh Hammer suggests the president take a leaf out of Abraham Lincoln’s book on the issue.
Trump has responded to the orders with calls for Congress to impeach lower court judges or restrain them in other ways, and observers on the Left have claimed Trump’s actions are creating a constitutional crisis. Chief Justice John Roberts publicly chided Trump over the judicial impeachment call.
Hogwash, says Hammer, a lawyer who clerked on the U.S. Court of Appeals for the 5th Circuit.
“Frankly, to the extent that there is a constitutional crisis right now, it’s not coming from the people who they think it’s coming from,” Hammer told The Daily Signal. “There is a genuine separation-of-powers crisis at the moment and it’s coming from these overweening district court judges who are trying to bring the entirety of the federal government to a halt.”
Hammer—who joined The Daily Signal to discuss his new book “Israel and Civilization: The Fate of the Jewish Nation and the Destiny of the West”—counted between 65 and 70 so-called nationwide injunctions against Trump during his first administration. “That’s more than the first 44 presidents of the United States combined.”
He attributed the increase to “a very simple reason, which is that there was no such thing as a so-called nationwide injunction until the late 1960s.”
Hammer called the practice of nationwide injunctions “made up.”
“There is no such thing as a legitimate exercise of the judicial power of which the Article 3 vesting clause speaks that allows you to actually bind everyone in the country—that’s literally just not how it works,” he explained.
Judges have the ability to issue an injunction to prevent one party in a legal case from harming the other party in the legal case for a limited period of time, but that should not apply to federal policy, the lawyer said.
He pointed to one specific example in history that he said undermines the “judicial supremacist myth that we are currently living in.”
Hammer pointed to Dred Scott v. Sandford, the infamous 1857 case in which the Supreme Court held that “black people were not [and] cannot be citizens.”
“Lincoln says, time and time again in his debates with Stephen Douglas, ‘If I become a public servant, … I will respect this judgment as it pertains to the parties to the suit, Mr. Scott, but beyond that, I’m not going to lift a finger to do that,'” Hammer summarized. “And, sure enough, when he was president, Abraham Lincoln issued passports to blacks in the Western territory of the U.S., in direct defiance, actually, of the Dred Scott case.”
The lawyer said the notion that judges have “the ability to actually settle the law of the land for all of us there, that’s just not our system of governance.”
“At some point, [the Supreme Court] is going to have to take up the question—ideally—as to whether or not these nationwide injunctions exceed the legitimate boundaries of the judicial power of Article 3,” Hammer added. “Hint, hint, wink wink, they do.”
He suggested that Congress could legislate the abolition of nationwide injunctions “tomorrow.” Sen. Mike Lee, R-Utah, filed a bill Monday to limit the practice.
Hammer concluded by noting that Trump does not represent a threat to the Constitution, but his Department of Justice is arguably attempting to restore it:
For all the rhetoric that we hear about Donald Trump being a unique historical threat—‘He’s a dictator, he’s a fascist, he hates the Constitution, he’s this, he’s that’—look at the actual lawsuits that are playing out now [and] the actual legal positions that his DOJ is taking, basically day in and day out, when it comes to restoring a proper conception of the judicial power.
VIDEO at link.......................
Great points but every black robed president wanna be need to have their financials and internet activity DOGEd
.
Their godfather is judge Taney, who declared Missouri Compromise of 1820 unconstitutional in his 1857 Dred-Scott ruling. As summarized in Freeper Larry Schwekert’s Patriot’s History of the United States, “Taney’s court had made matters worse by bringing the entire judiciary system under the suspicion of the conspiracy theorists.” big difference being that when it’s just one court, conspiracy is a theory; when it courts all over the place, conspiracy is a fact
Lincoln didn’t have to contend with Democrats in Congress to any great degree after the South seceded.
MAGA Republicans need to form a committee to raise a lot of private funds to find Conservatives to challenge liberals running for any office across this country. TV ads flooding the airwaves and naming the liberals’ records.
The Taney Court was extreme overreach for Lincoln to correct.
Let’s pray that we do not have a Civil War II.
The Taney Court, the Supreme Court of the United States during Roger B. Taney’s tenure as Chief Justice (1836-1864), is known for the Dred Scott v. Sandford decision, which declared African Americans were not and could never be citizens, and for its role in shaping legal interpretations of slavery and states’ rights.
Chief Justice:
Roger B. Taney, who served from 1836 to 1864.
Important Cases:
Dred Scott v. Sandford (1857): This landmark case declared that African Americans, whether enslaved or free, were not and could never be citizens of the United States, and that Congress could not prohibit slavery in the territories.
Charles River Bridge v. Warren Bridge (1837): This case established the principle that private property had a social responsibility, and contracts made by the legislature should be construed in the public interest.
Prigg v. Pennsylvania (1842): This case addressed the Fugitive Slave Act and the rights of slaveholders to reclaim escaped slaves.
Ableman v. Booth (1858): This case dealt with the constitutionality of state laws that interfered with the federal Fugitive Slave Act.
Ex parte Vallandigham (1861): This case involved the suspension of habeas corpus by President Lincoln during the Civil War.
All caused by the first Democrat President, Andrew Jackson, who expanded and stacked the US Supreme Court.
A Third Of All DC District Judges Were Not Born In US
Appointed by the Kenyan and the Slobberor
Federalist ^ | March 25, 2025 | Beth Brelje
Posted on 3/25/2025, 6:02:40 PM by george76
snip
While country of origin doesn’t come up in most jobs, it is worth asking if judges with ties to foreign nations and cultures are the right ones to make decisions affecting the U.S. military or immigration. The concept of foreign-born judges is a newer phenomenon in this district. In addition to the 15 main judges, the D.C. District has 10 older, senior judges who still occasionally hear cases in the district. This group, nominated as far back as Ronald Reagan the 1980s, were all born in the U.S.
But starting in 2014, Barack Obama appointed Judge Tanya Sue Chutkan, born in Kingston, Jamaica. She was in the U.S. by 1979, attending George Washington University. Before sitting on federal court, she had no experience as a judge. Chutkan is overseeing the legal challenge to DOGE’s work to slash excess government spending.
Obama also appointed Judge Amit P. Mehta. Mehta also had no previous experience as a judge. Mehta was born in Patan, Gujarat, India. He and his parents came to the U.S. when he was a baby, age one. He was raised in Maryland. Mehta will oversee four January 6 civil cases that aim to blame Trump for injuries and squeeze money, court time, and political embarrassment out of him.
The other three foreign born judges were nominated by former President Joe Biden.
Judge Ana Cecilia Reyes was nominated in 2021, also with no prior experience as a judge. She was born in Montevideo, Uruguay and moved to Spain, and while still a child, moved to Louisville, Kentucky, where she grew up. She is the first openly LGBT Latina to be appointed to this court. Reyes presided over an objection to Trump’s executive order declaring “gender dysphoria” as “inconsistent” with the “high standards for troop readiness,” as The Federalist’s Shawn Fleetwood reported. Reyes blocked Trump’s order with a preliminary injunction.
The first Muslim and Arab American in the D.C. district court, Judge Amir Hatem Mahdy Ali was born and raised in Canada to Egyptian parents. According to his Questionnaire for Judicial Nominees, Ali was not required to register for the U.S. Selective Service. That is because he was not a citizen until 2019.
He worked as a volunteer on Biden’s 2020 transition team and for a phone bank in support of Biden’s presidential campaign. He worked for some nonprofits but never served as a judge until Biden appointed him in 2024. Amir has written extensively and negatively about Trump’s so-called “Travel ban,” a 2017 Executive Order which restricted travel to the U.S. from seven predominantly Muslim countries for 90 days.
In his writing, he said, “prejudice and intolerance” were “the very hallmark of [Trump’s] campaign against Muslims.” When confirmed, Amir was a member of the Capital Area Muslim Bar Association; Muslim American Judicial Advisory Council; National Arab American Bar Association; National Association of Criminal Defense Lawyers; National Police Accountability Project; and the Native American Bar Association of D.C., among others.
Ali single handedly restored $2 billion in USAID spending to foreign nonprofit contractors that the Trump Administration had paused for 90 days, in a stunning overreach of authority last month. The newest judge on the D.C. District Court is also foreign born.
Before slinking out of office, Biden and his handlers got Judge Sparkle Sooknanan confirmed. She was sworn in Jan. 2, 2025. Born in the dual-island nation Trinidad and Tobago in 1983, she left her home country at age 16 to pursue college and graduated from Brooklyn Law School in 2010.
smip
Abraham Lincoln didn't mess around. He wrote out an arrest warrant for Chief Justice Taney. He was going right for the Supreme court.
He handed the warrant to Ward Hill Lamon, his long time friend and body guard.
Lamon, wisely chose not to enforce it.
But yeah, Lincoln was going to arrest the Chief Justice of the Supreme court.
That’s crazy.
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