It’s only been a bit over two months of arguably the most active, based presidency in history, and I’m already feeling disturbingly unsettled. Facing a multi-front blitzkrieg from the good guys threatening to permanently wreck the hellscape they’re trying to build, the left has countered back with a blitz of their own in the form of upwards of 50 federal court rulings so far, with no end in sight. The hack is simple: Take virtually every administration move to the most left-leaning judge in the bluest district possible, watch that judge issue an injunction based on nothing more than an activist whim against whatever ‘meanie’ position the Trump administration has taken, then rinse and repeat until even the Supreme Court, which only takes around 80 cases per year, can’t possibly hear, much less rule on, every appeal before Trump terms out of office and they can regain power.
It’s death by a thousand pricks, and make no mistake, they mean to keep doing it, over and over, until the clock runs out. It’s actually a brilliant strategy, and in fairness it’s one I would totally be on board with if the shoe was on the other foot. For example, I fondly remember when a federal judge finally stopped the Biden administration’s stupid plane mask mandate. Mask-worshipping leftists howled then, but in an instant it was possible to breathe freely while flying again, and it was the best feeling in the world. If it’s based on sound law, there is certainly nothing wrong with using the courts to address wrongs, especially if the executive branch is reaching beyond its Constitutional powers.
Of course, these anti-Trump ‘rulings’ don’t seem to be based on anything at all except the feelz of soft-headed lawyers who somehow managed to find themselves with a title and a gavel. These insane attempts to force men back in women’s prisons, repatriate illegal alien gang members, restore funding to anti-American organizations like USAID, and seemingly endless more absurdity and insanity are almost enough to make you lose your mind. How can these people possibly be this evil, and yet here we are. At this point, I’m pretty sure these lunatics would sue if Trump issued an executive order against child trafficking based on nothing more than the assumption that it must be bad if Trump does it.
It doesn’t take much of a deep dive to see that something is seriously wrong with the judicial system as it’s set up now. As senior Trump advisor Stephen Miller, a national treasure, pointed out on X last week, a single District Court judge can “unilaterally dictate the policies of the entire executive branch of government,” a power he points out is only matched by a majority (five) of Supreme Court justices.
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“The most important commodity in the executive branch is time,” Miller wrote in another post. “Americans elect presidents to 4 year terms. These rogue marxist judges — in a furious attempt to thwart the people’s will — are trying to take months and years of time away from the executive.”
If something isn’t done, we risk losing not just the momentum gained by the 2024 win, but the ability to change the country and allow Americans to experience that change for a significant enough amount of time to know the difference between Republican and Democratic rule. But how do we counter this in a way that preserves the Constitution?
There are a few potential solutions that have been suggested but probably shouldn’t be done. Open defiance is one of them. Repeatedly and to their credit, Trump and administration officials like Tom Homan and others have stated that they have no intention to defy court orders. And as much as a part of me wants them to do exactly that, the other part knows that if we defang the judicial check to executive power too much, it could easily be turned on us. So as much as we may loathe these activist judges, we probably don’t want to toss the baby out with the bathwater.
I’m also not entirely sure that Trump should verbally attack these judges, although I’m well aware that this particular train has already left the building. While the Supreme Court is likely at present to reverse most of this nonsense, continually attacking the judiciary is one way to make squishes like Justices Roberts and Barrett want to vote against him anyway out of spite.
Finally, impeachment is also bound to backfire. Not only would attempts likely fail to succeed because there is no way enough senators would vote for it, but it would also create a horrible precedent for leftists to impeach our own judges who rule against them in the future.
The answer, I think, is a combination of moves, some of which seems to already be being done by the Trump administration. Usually these rulings are quite specific and narrow in scope, so it could be possible in many cases to follow the ‘exact’ letter of the law while finding another way to do what they want. That is exactly what former President Joe Biden did with student loans after a Supreme Court order against him in 2023. He simply restructured his original plan in a way that didn’t technically defy the ruling, yet still got a lot of what he wanted.
The other thing that could absolutely be done by Congress, if they had the guts, is to limit the jurisdiction of federal courts that engage in this type of activism. While a simple bill doing this wouldn’t survive a Senate filibuster, tying it to the budget reconciliation process by making it a ‘funding courts’ matter could be a viable workaround. There is no excuse to not take action here. Federal judges who use their power for evil should know there are legal and viable ways to make them regret it. Do it once or twice, and the rest will undoubtedly take notice.
Whatever happens, the Trump administration should continue to go full steam ahead on their agenda from as many fronts as possible. They are trying to overwhelm us with silly decisions. We should continue to overwhelm them by doing what we want in so many ways that they can’t possibly have the time or even the energy to rule against everything. Let’s show them that two can play at that game.
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