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The Epidemic of Judge-Made Law
National Review ^ | March 16, 2025 | John Fund

Posted on 03/29/2025 10:00:23 AM PDT by MikeyB806

Last month alone, district court judges issued 15 temporary restraining orders halting actions of the Trump administration. That’s more restraining orders than were issued during the first three years of the Biden administration. So far, district courts have blocked an extraordinary range of executive actions, ranging from the attempted repeal of birthright citizenship and a bid to end “diversity, equity, and inclusion” programs to an effort to take down government web pages that discuss sex-change operations.

* * *

The effort to throw a judicial monkey wrench into every one of Trump’s administrative efforts has become a well-thought-out strategy on the left. Democratic attorneys general and a group of 400 progressive groups called Democracy Forward have joined forces to throw up hurdles to Trump’s agenda. Democracy Forward President Skye Perryman boasts: “The early wins we’ve seen so far are just the beginning of our coordinated legal strategy.”

* * *

If the Supreme Court doesn’t curb nationwide injunctions against executive action, Congress should step in. At a minimum, it must restrict the ability of aggrieved groups to forum-shop for a sympathetic judge. A possible solution, therefore, would be for Congress to require that any nationwide injunction issued against the executive branch be approved by a panel of at least three district court judges rather than a single judge. Such cases should then be immediately appealable to the Supreme Court, limiting the time they linger unresolved.

Such a reform would preserve the ability of courts to check genuine abuses of executive power and, at the same time, discourage forum-shopping by which activist groups seek ideologically sympathetic judges to advance their partisan causes.

(Excerpt) Read more at nationalreview.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: court; hangings; judgewatch; judicialhubris; judicialoverreach; legislation; politicaljudiciary; shortdropsuddenstop
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Write/call your Senators/Congressman. LEGISLATION is the best way to stop these clowns.
1 posted on 03/29/2025 10:00:23 AM PDT by MikeyB806
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To: MikeyB806

If this abuse is not fixed any future Republican president will have to deal with this outrageous obstruction and usurpation. Democrats don’t have to worry about injunctions against their own because there won’t be any.


2 posted on 03/29/2025 10:06:29 AM PDT by Starboard
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To: MikeyB806

3 posted on 03/29/2025 10:15:44 AM PDT by ClearCase_guy
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To: Starboard

I am pleasantly surprised that judges issuing such blatantly partisan political activist nation-wide TROs have not died suddenly and under mysterious circumstances. Perhaps that is a testament to at least some part of the nation not pursuing street justice for the attempted thwarting of election results by crybabies. I wouldn’t count on the future holding this behavior steady though. Emotions appear to run high and patience thinner yet. Pray for our nation and less violence, not more.


4 posted on 03/29/2025 10:27:06 AM PDT by desertsolitaire
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To: MikeyB806

Oh Wow, NR notices.

Someone tell Fund it’s not 1978 anymore.


5 posted on 03/29/2025 10:30:19 AM PDT by Regulator (It's fraud, Jim)
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To: MikeyB806

Congress or the Supreme Court stepping up. Get real. Nothing will change unless Trump draws the line .


6 posted on 03/29/2025 10:45:44 AM PDT by TalBlack (Their god is government. Prepare for a religious war.)
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To: MikeyB806
Congress should step in

Congress is a sick joke. Congress members work fewer than half the days in the year. They usually only work three days a week plus they take multiple weeks off. They disguise this by publishing their calendar of "legislative days" based on their days in session. A day in session can actually consist of multiple 24-hour periods. A session only ends when they adjourn, which does not happen often. So, for example, they have accomplished very little in first quarter of 2025, due to end next Monday.

7 posted on 03/29/2025 10:57:00 AM PDT by Avalon Memories ( I voted Trump-Vance on 1st day of NC early voting. Go Trump-Vance!)
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To: MikeyB806
Justice Samuel Alito recently called it “judicial hubris,” a practice that has damaged the rule of law. He asked: “Does a single district-court judge who likely lacks jurisdiction have the unchecked power to compel the Government of the United States... The answer to that question should be an emphatic ‘No.’”

Justice Alito asked the wrong question.

He should have asked:

Does a single district-court judge who likely lacks jurisdiction have the power of the Supreme Court to compel the Government of the United States...

Because that's what the district courts are doing; they're usurping the authority of the Supreme Court, and so far, SCOTUS is letting them do it.

-PJ

8 posted on 03/29/2025 10:59:55 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: MikeyB806

Congress needs to act NOW.

Leaving the fate of the nation in the hands of those chimpanzees we call SCOTUS is a death wish.


9 posted on 03/29/2025 12:00:58 PM PDT by Jeff Chandler
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To: MikeyB806

Forbid nationwide injunctions and TROs from district level judges. They can issue them in their circuit, but not nationwide. They need to stay in their lane!


10 posted on 03/29/2025 12:30:12 PM PDT by 17th Miss Regt (Fascist, deplorable, and proud of it!)
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To: Starboard

Trump getting elected running as a Republican was about Trump, not about the GOP.

There will never be another Republican president.


11 posted on 03/29/2025 12:34:41 PM PDT by Jim Noble (Assez de mensonges et de phrases)
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To: MikeyB806

Looks like the Deep State managed setting up a Stonewall Defense against Trumpster’s 4D chess


12 posted on 03/29/2025 1:00:06 PM PDT by Deepeasttx ( Sensitivity/diversity training are all un-walled reeducation camps....for now.. DEI gone. Yippee)
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To: Jim Noble

Trump is almost like an independent, rather than a Republican. The danger is that he doesn’t have a party apparatus behind him. The Republicans have always been independent, cantankerous bastards where the Democrats were like the Stepford Wives. I think quite a few Republican congressmen have signed onboard, but it’s nowhere near the majority the party seems to have if you just look at “R’s” next to their names.


13 posted on 03/29/2025 1:03:59 PM PDT by Gen.Blather (I had a tagline and I dropped it. The cat back-pawed it under the Barcalounger. )
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To: MikeyB806

There is not just one solution to this problem. This will require every tool in the shed.


14 posted on 03/29/2025 1:07:31 PM PDT by lurk (u)
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To: MikeyB806

“Chief” Justice Roberts presides over the lawfare legal system.


15 posted on 03/29/2025 1:09:19 PM PDT by OrioleFan (Republicans believe every day is July 4th, Democrats believe every day is April 15th.)
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To: 17th Miss Regt

“They can issue them in their circuit, but not nationwide. They need to stay in their lane!”

That doesn’t really solve the problem. The DC Circuit is the most corrupt of all. And it would have jurisdiction over most disputes between the deep state and the President.


16 posted on 03/29/2025 2:20:09 PM PDT by ModelBreaker
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To: MikeyB806

SCOTUS just this week made a new law.

That OBiden’s Executive Order banning the commercial manufacture and sale of un-serialed 80% receivers was constitutional, despite the EO’s clear violation of the Administrative Procedure Act.

https://en.wikipedia.org/wiki/Administrative_Procedure_Act


17 posted on 03/29/2025 2:52:25 PM PDT by Paal Gulli
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To: Jim Noble

“Trump getting elected running as a Republican was about Trump, not about the GOP.

There will never be another Republican president.”
____________________________________________________________

Very true. The Republican party of our fathers and grandfathers has gone the way of the Whigs.


18 posted on 03/29/2025 4:22:00 PM PDT by Bob Wills is still the king
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To: MikeyB806

Fund going for the weakest, most ineffective solution here.


19 posted on 03/29/2025 4:29:04 PM PDT by 9YearLurker
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To: Political Junkie Too

I call the Northern District of California “The New Supreme Court”.

They have some odd ideas about their authority in that district court.


20 posted on 03/29/2025 6:43:36 PM PDT by kiryandil (No one in AZ that voted for Trump voted for Gallego )
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