WASHINGTON, DC- “The judicial Power of the United States, shall be vested in one supreme court, and in such inferior Courts as the Congress may from time to time ordain and establish- United States Constitution, Article III.
In other words, the only court addressed in the Constitution as a co-equal branch of the government is the Supreme Court, not federal district courts overseen by unelected district judges. Yet for some reason, these unelected Marxists in black robes (in many cases) believe themselves to have the authority to tell the elected President of the United States how to do his job and impose their will on the entire country. That isn’t how this is supposed to work.
Under the President’s Article II powers, he is designated as the “Commander in Chief of the Army and Navy of the United States, and of the Militia of the several states.” In other words, in times of war, it is the president…not the courts…who is duty-bound to ensure the safety and security of the United States of America. In fact, under Article II, Sec. 1, the presidential oath of office, the president swears or affirms that he will, “to the best of [his] ability, preserve, protect and defend the Constitution of the United States.”
The current situation in which we find ourselves is pitting President Trump’s Article II authority against rogue federal judges in cherry-picked courtrooms in heavily blue jurisdictions. The fact that most of these immigration lawfare cases have been “heard” in courtrooms in New York, Rhode Island, Massachusetts, California, and Washington, DC, tells you all you need to know about what is going on. Cases are not being heard in Florida, South Carolina, Missouri, or Texas, and if they are, they’re being heard in blue cities such as Dallas.
Federal district judges should be strictly limited to issuing stays or restraining orders only in the jurisdiction over which they preside, not national injunctions. As Daniel Greenfield writes in Front Page Magazine, this “is not remotely the system that the Framers had in mind.”
Perhaps the most egregious act by a rogue federal district judge was by US District Judge Fernando Rodriguez Jr., who held that the Trump administration is “improperly” relying upon the Alien Enemies Act to deport illegal aliens, in this case, Tren de Aragua (TdA) gang bangers. Rodriguez claimed Trump’s use of the AEA “is contrary to the plain, ordinary meaning of the statute’s terms.”
Rodriguez’s ruling runs counter to a ruling that held the Alien Enemy Act of 1798 precludes judicial review. In Brown v United States, the court held, “The act concerning alien enemies, which confers on the president very great discretionary powers respecting their persons, appears to me to be as unlimited as the legislature could make it.”
It further reads that, “The very nature of the President’s power to order the removal of all enemy aliens rejects the notion that courts may pass judgment upon the exercise of his discretion.”
There is also the miraculous coincidence that cases, which are supposed to be randomly assigned, are continually finding themselves on the docket of radical anti-Trump District Judge James Boasberg, an Obama appointee.
Boasberg was assigned the administration’s use of the AEA to deport TdA gang members illegally in the US to a prison in El Salvador, whereby he tried to have the administration turn the planes around mid-flight under an oral directive to do so.
Thus far, federal district courts have issued 39 nationwide injunctions against the Trump administration, far more than were issued against other presidents. For example, Obama was only subject to 12 such injunctions over eight years, while Biden faced 14 in his only term. In his first term, President Trump faced 64 nationwide injunctions, of which judges appointed by Democrats issued 92%, CBS News reported.
The United States Supreme Court, earlier this month, heard arguments over the power of federal district courts to block presidential actions nationwide. The Trump administration asked the high court to rein in lower courts’ obsession with issuing nationwide injunctions, which have hamstrung their efforts to conduct mass deportations of illegal aliens.
Democrats claim the January 6, 2021, US Capitol siege was an “insurrection” meant to overturn the 2020 election and the will of the American people. What is happening in federal district courts is a judicial insurrection fully intended to block the Trump administration from implementing policies overwhelmingly supported by the American people when he was elected to a second term in November, thereby subverting the will of the American people.