The United States Constitution establishes three branches of government. We were going to say co-equal branches of government, but there is some dispute as to the judicial branches’ standing, so we will just say branches.
The three are the executive, legislative, and judicial branches.
It’s important to note that none of the three branches can tell another how to conduct its internal business.
The President Trump can’t tell whatever clone of Sen. Mitch McConnell, R-Ky., that’s running the Senate to go back to the pre-LBJ filibuster rules so the U.S. Senate can get his agenda passed.
The McConnell clone can’t tell Chief Justice John Roberts which justice to assign an opinion. And Roberts can’t tell Trump to stop issuing executive orders.
At least that’s what we thought.
But now it appears that minor league federal judges, appointed by Presidents Barack Obama or Joe Biden, and living in blue states, can issue an injunction that tells Trump the type of executive branch personnel decisions he’s allowed to make.
Call us baffled and we aren’t legal experts.
Fox News contributor Prof. Jonathan Turley is a legal expert and he’s equally baffled by the lawless behavior of these leftist activists wearing robes.
"Constitutional law attorney and Fox News contributor Jonathan Turley was left bewildered after a federal judge extended a temporary restraining order Monday blocking the Trump administration's buyout offer to federal employees. Turley told Fox & Friends that the offer is 'perfectly within the wheelhouse of the president.'"
And Professor Turley definitely isn’t in the MAGA camp.
Turley went on, "I think that Trump is on very solid ground with the buyout. I'm still a bit baffled by what the court is doing here.
"If the presidents are allowed to dictate conditions of employees coming into the office, what they're working on, all of that is part of Article II powers of the president controlling the executive branch. . . .
"You've got 65,000 employees who were told, look, we'll let you stay at home and look for a job as long as you agree to resign and to give a number of months."
"They've agreed to it, the government's agreed to it. That seems to me to be perfectly within the wheelhouse of the president. So, I think he's going to win on that."
Winning that case months later after Trump’s agenda for the federal bureaucracy has been derailed, is not a victory for Trump.
It’s a victory for the left. Trump has a two-year window to do great things, because Republicans may lose the House in 2026, so any delay is damaging.
And that’s why left-wing lawyers with the cooperation of equally left-wing judges are trying to run out the clock.
Trump has a number of options: He can ignore the ruling and continue to perform his constitutional duties while the appeals continue through the courts.
In the unlikely event he loses at the Supreme Court, then he can offer to rehire those who took the buyout offer.
Or Trump 2.0 can act like Trump 1.0 and let these illegitimate judicial orders completely stymie his administration and thwart the will of the voters, while the court cases grind their way toward the U.S. Supreme Court.
Another option is for Trump can use a go-between to send a message to Justice John Roberts that these unconstitutional, political, nationwide injunctions by small time district judges are threatening the legitimacy of the judicial system and undermining public support for the courts.
And unless Chief Justice Roberts wants the high court's workload to be swamped by these lawfare cases, he had best slap these judges down.
We are leaning toward option one, but we aren’t the president.
Knowing that, option three is probably the best long-term solution, assuming Roberts is paying attention.
In the meantime, members of the U.S. House are drawing up impeachment charges for these judges, which we wholeheartedly support.
Let these petty bureaucrats start feeling some heat for these outrageous rulings.
Testifying before the House might cause some much needed second thoughts on their part and their equally left colleague’s part.
Michael Reagan, the eldest son of President Ronald Reagan, is a Newsmax TV analyst. A syndicated columnist and author, he chairs The Reagan Legacy Foundation. Mr. Reagan is an in-demand speaker with Premiere Speaker's Bureau. Read Michael Reagan's Reports — More Here.
Michael R. Shannon is a commentator, researcher for the League of American Voters, and an award-winning political and advertising consultant with nationwide and international experience. He is author of "Conservative Christian's Guidebook for Living in Secular Times (Now With Added Humor!)" Read Michael Shannon's Reports — More Here.