The Trump administration is right: rogue district court judges are orchestrating a judicial coup that is intent on undermining President Donald Trump.
Senate Minority Leader Chuck Schumer, D-N.Y., gloated in a recent interview, "We did put 235 . . . progressive judges [nominated by President Joe Biden] . . . last year on the bench, and they are ruling against Trump time after time after time."
Progressive judges are seemingly co-conspirators in the radical left’s effort to thwart "We the People" who elected President Trump overwhelmingly and decisively.
They've been engaged in an all-out, unhinged assault against our Constitution, the rule of law, and our elections — with the weapon of universal injunctions.
In Trump v. CASA, the U.S. Supreme Court put an end to the proliferation of universal injunctions issued by federal district courts in recent years, including 25 in the first 100 days of the current Trump administration.
These universal injunctions have been part of a coordinated scheme to obstruct the President’s agenda — exactly as former President Joe Biden and Sen. Schumer intended.
No law exists empowering district courts to issue universal injunctions.
And, as highlighted by Justice Barrett in her opinion for the Court, they have been "conspicuously nonexistent for most of the Nation’s history."
The law is clear. Any decision by a district court applies only to the parties in the case, not to everyone in the whole country.
Yet, Justice Jackson, seemingly intent on joining the raucous "No Kings" protests , launched an incendiary tirade in her dissenting opinion. She claimed the Court’s decision establishes a "zone of lawlessness" and "rule-of-kings governing system" that will lead to "our collective demise."
Justice Amy Coney Barrett flatly rejects Jackson’s ill-considered rhetoric as "startling" and not "tethered" to the Constitution, the law or "any doctrine whatsoever” and “at odds with more than two centuries worth of precedent."
Jackson berates Barrett’s opinion as a "smokescreen" of mere "legalese" and "minutiae."
This absurd attack is outrageous and inconceivable coming from a Supreme Court Justice.
That so-called "legalese" and "minutiae" constitute the law. Justices and judges are bound by that law. The "Constitution is, in fact, and must be regarded by the judges, as a fundamental law” and judges must “regulate their decisions by [those] fundamental laws," wrote Alexander Hamilton in Federalist Paper 78. They are duty bound by their oath to follow the law. Any other approach leads to anarchy.
The final word goes to Justice Barrett: "Justice Jackson [and those progressive judges appointed by Biden] would do well to heed her own admonition: '[E]veryone, from the President on down, is bound by law.' . . . That goes for judges too."
Mike Clancy is a lawyer, member of the Federalist Society, political and legal commentator, and a former Republican nominee for Virginia’s 10th Congressional District. Follow him on X: @MikeClancyVA. Read More Mike Clancy — Here.
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