Two things can be true. Trump may be exceeding his Constitutional authority in some of his executive orders–that is a matter for serious lawyers and jurists to debate and happens in every presidency–and also that there is an obvious judicial insurrection taking place in which judges declare that any decision they disapprove of is unconstitutional.
Legal challenges to presidential actions are a normal part of the back-and-forth the Founders built into the checks and balances of the federal government. Judicial review as a principle was established shortly after our government was implemented, and in the main, that has been a good thing. Power corrupts and all that.
But the current argument that Trump is abusing his power by fighting back against obvious judicial overreach is based on a false premise that judges get to make up the law and the meaning of the Constitution. The assumption seems to be that the Constitution binds the president and Congress, but not the judiciary.
This has been, implicitly, the liberal take on Constitutional law for as long as I have been alive, and against which conservatives have fought for decades. Call the “living Constitution,” or “adapting the Constitution to the modern world,” or whatever other sleight of hand phrase you like, but the basic idea is that judges get to make public policy whenever they like. And, generally speaking, this has a ratchet effect that ensures that there is a leftist drift away from the limited government vision the Founders wrote into law in 1787/1791 (when the Bill of Rights went into effect).
Just NOW, the FBI arrested Judge Hannah Dugan out of Milwaukee, Wisconsin on charges of obstruction — after evidence of Judge Dugan obstructing an immigration arrest operation last week.
We believe Judge Dugan intentionally misdirected federal agents away from the subject to be…
— FBI Director Kash Patel (@FBIDirectorKash) April 25, 2025
Just NOW, the FBI arrested Judge Hannah Dugan out of Milwaukee, Wisconsin on charges of obstruction — after evidence of Judge Dugan obstructing an immigration arrest operation last week.
We believe Judge Dugan intentionally misdirected federal agents away from the subject to be arrested in her courthouse, Eduardo Flores Ruiz, allowing the subject — an illegal alien — to evade arrest.
Thankfully, our agents chased down the perp on foot and he’s been in custody since, but the Judge’s obstruction created increased danger to the public.
When District Judges create out of thin air the right to impose nationwide injunctions against presidential decisions, or start making policies that are clearly outside their remit, they are destroying the Constitutional order and balance of powers outlined therein just as much as a president would be if he started throwing political prisoners in jail.
A president’s power is limited constitutionally, but it is just as true that when a president uses his legitimate power in a way that a court or judge doesn’t like, they are not constitutionally authorized to stop him. If, say, a majority of the Supreme Court didn’t approve of military action the president took, that doesn’t give them the power to declare that he can no longer act as Commander-in-Chief.
It is inarguable that judges are having a field day, acting as a #resistance against a president they despise. Any one or two presidential orders may exceed, at least arguably, Trump’s authority, and a number of them go up to the line and are arguable. Still, the fact is that judges are going out on a limb to bring the president’s agenda to a halt.
In many cases, these judges expect to be overturned, but they know that each injunction ties the president up in courts, slows his reforms, and, in effect, hampers him from exercising his constitutional authority. They simply don’t like what he is doing, and want to put as many impediments as possible before him.
All the rest is handwaving.
🇺🇸 AG PAM BONDI: JUDGES THINK THEY ARE ABOVE THE LAW — THEY ARE NOT
“They’re deranged, is all I can think of.
I think some of these judges believe they are beyond and above the law — and they are not.
We are sending a very strong message today — if you are harboring a… https://t.co/Nd10WvlDd0 pic.twitter.com/wla0mTtojT
— Mario Nawfal (@MarioNawfal) April 25, 2025
It’s notable that a number of these judges have obvious conflicts of interest. With family members receiving federal funds from programs being shut down, or direct connections to NGOs getting hammered, they should be recusing themselves. Instead, they are acting like autocrats in banana republics, defending their own interests. For instance, the judge recently arrested for trying to spirit an illegal alien out the back door from a court in order to help him escape arrest previously worked for Catholic Charities, one of the largest organizations involved in the illegal alien trafficking operations.
Introducing Judge Hannah Dugan, previously the director of Catholic Charities, an organization that receives significant funding for its work with undocumented immigrants.
She was arrested by the FBI today for allegedly assisting an undocumented individual in evading… pic.twitter.com/y6kBHV204x
— Merissa Hansen (@merissahansen17) April 25, 2025
Not only is this wrong, a direct attack on the only elected official who was elected by the entire nation, but it grossly undermines the legitimacy of the courts. If courts are not limited in power by the Constitution and the laws as written, then our system of government is as deeply compromised as it would be by a president, a bureaucrat, or any other corrupt official exceeding his power.
AG Pam Bondi on the rogue Milwaukee judge: “The judge learned that ICE was outside …
She goes out in the hallway, screams at the immigration officers — she’s furious, visibly shaking, upset — sends them off to talk to the chief judge. She comes back in the courtroom … takes… pic.twitter.com/9MJE1CX6mr
— Ian Miles Cheong (@stillgray) April 25, 2025
This is all an attempt to overturn the 2024 election by other means. During Biden’s presidency, we had a headless Executive Branch run by bureaucrats run amok; what the judges are trying to create is a headless Executive Branch with rogue judges run amok.