The Democrats are down to one card: activist judges. In other words, shop for a judge who will write an opinion, put the Trump plan on hold, and hope 2026 gives you back the House. It’s the only plan that will work, or so they think.
So it’s up to the Supreme Court to stop this nonsense. I agree with Mike Davis that they owe it to the country. This is his opinion:
The executive power, according to Article II of the Constitution, is vested in the president, who is also commanded to “take care” that laws are faithfully executed. Trump has already begun his work at agencies like USAID and the Treasury Department, uncovering appalling levels of waste, fraud, and abuse. Activist federal judges, however, have halted these efforts, basing their decisions on politics and policy disagreements rather than law.
Furthermore:
If appellate courts do not intervene, the Supreme Court must address these activist judges through its emergency docket. When activist judges issue baseless rulings like preventing the Secretary of the Treasury from accessing departmental records, it erodes the legitimacy of the courts. Such rulings would be as absurd as preventing senators or representatives from reviewing records within their respective chambers—or the Supreme Court reviewing lower courts.
It’s insane for one federal judge — say, in Seattle or Minneapolis — to stop the work of a president who won 80% of the counties. It’s crazy, and it stains the Judiciary.
If a judge disagrees with the Trump administration, then he should run for office and win an election. Otherwise, get out of the way, and let the voters have their way.
I understand that once in a while, the Judiciary has to stop an unconstitutional order, such as when the Biden administration decided to buy votes paying off college loans or redefine Title IX. But there are no such issues here — rather, petty judges who should know better but don’t.
So let the Roberts Court stop this nonsense.
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Image via Picryl.