Lawfare, the Judiciary, and the Constitution

“Elon Musk is NOT a threat to democracy. He’s a threat to bureaucracy.” —Glenn Beck March 2025

By Robin Itzler 

Editor's Note:  This is one of the commentaries selected from Robin's weekly newsletter Patriot Neighbors. If you wish to get the full edition, E-mail her at PatriotNeighbors@yahoo.com to get on her list, it's free. RK

 

For our Constitutional Republic to continue, federal district court judges must cease making federal decisions. There is a reason why they are DISTRICT judges.

Prior to Donald Trump entering politics, this was rarely an issue. From 1963 to 1982, only 10 injunctions were issued by district court judges.

Last year, the Harvard Law Review looked at ALL injunctions issued by federal district courts over the last SIX DECADES and found that a whopping 67 percent were issued during Donald Trump’s first term. Moreover, 92 percent were by Democrat appointed judges.

Two excerpts from AMAC’s “Congress Primed to Curtail Activist Judges,” by W. J. Lee: “The U.S. Constitution vests “all legislative powers” in Congress (Article I) and executive power in the president (Article II), while Article III confines courts to address specific “cases” and “controversies.” Nowhere does it empower a lone judge to modify or delay national policy for everyone.”

“These judges aren’t checking power – they’re seizing it, transforming their courts into super-legislatures consisting of only their voice. By dictating national policy, they usurp the elected branches and the consent of the governed. The sheer amount of these contestable injunctions leveled against Trump smack of judicial bias and an intentional abuse of power.”

Congress can stop this insanity! District courts are not in the Constitution, which means Congress could eliminate entire district courts or cut funding, if it desires. Or Congress can restrict the scope of what district court judges can rule on, i.e., injunctions would be only be applicable to local jurisdiction, rather than on a national scale. This would stop Democrats from judge shopping.

Our Constitutional Republic was founded with three co-equal branches of government: 

1.  Executive branch (President)
2. Legislative branch (Congress)
3. Judiciary branch (Supreme Court)

Currently, with activist judges curtailing President’s Trump’s executive orders, the United States only has TWO branches of government. House Speaker Mike Johnson has promised that Congress is going to act on this issue. (Please, not another hearing!!! America First Patriots are becoming suicidal with all these hearings and little results!) To share your thoughts with Speaker Johnson:

Email: Click here (for constituents only) Phone: 202-225-4000 (for everyone) Write: H-232, The Capitol, Washington, D.C. 20515 (for everyone) 

Update:  The Supreme Court affirms Justice Boasberg lacked jurisdiction over Trump’s deportation decision under the Alien Enemies Act, However, this has the possibility to be a Pyrrhic victory because, while it gets it out of Boasberg’s court, it still gives judges way too much power over foreign policy.....