|
Getting your Trinity Audio player ready...
|
[Want even more content from FPM? Sign up for FPM+ to unlock exclusive series, virtual town-halls with our authors, and more—now for just $3.99/month. Click here to sign up.]
In the weeks since President Trump took office, federal judges have arrogated to themselves the authority to control how the government spends money, whether the government can issue orders to government personnel and even the content displayed on government websites.
Federal judges have claimed that the White House can’t offer buyouts to federal employees, can’t fire political appointees from the previous administrations, can’t pause funding, can’t cut funds to government programs, can’t change formulas allocating government grants and also can’t remove transgender ideology from government websites put there by its predecessors.
And if the White House doesn’t even control government websites, what does it control?
Conversely, federal judges can control any and all of these things at their whim and will. And that means that they control everything and that actual elected officials control nothing at all.
In the aftermath of a landslide election, government unions have contended that the Department of Government Efficiency should not be able to access federal databases and that USAID and potentially other unwanted parts of the federal government cannot be restructured.
Federal judges have mostly agreed that the government ought to be run by judges for the benefit of government employees and that the people who elected Trump have no say in it.
After 60,000 federal employees accepted a proposed buyout, government unions sued arguing that they have no right to receive or accept such a buyout. Another federal judge agreed. Still more federal judges contended that the federal government had no right to pause appropriations to verify that they were not in conflict with Trump’s executive orders.
These judicial coups were masterminded by federal judges unilaterally deciding that Trump administration decisions that they disagree with lacked a basis. The lawsuit and decision forcing the restoration of transgender ideology content to HHS, CDC and FDA websites argued that the “removal decisions were ‘completely unreasoned’ and thus were not the product of reasoned decisionmaking.” The addition of such unscientific ideology to these websites in the first place however was surely “completely reasoned” and the product of “reasoned decisionmaking.”
Such things are in the eye of the beholder. The American people voted decisively against transgender ideology in the last election and even recent New York Times polls showed that a majority of Democrats now oppose transgender procedures being inflicted on minors.
A federal judge insisting that business continue as usual on transgenderism isn’t just overruling Trump, he’s overruling the American people. And that’s the real purpose of the coup.
The ruling relied on the Administrative Procedure Act which has been one of the leading tools used by federal judges to substitute their own worldview for that of the legally elected president.
Numerous lawsuits against the Trump administration have been filed under the Administrative Procedure Act, urging sympathetic federal judges to find Trump administration policies to be “arbitrary and capricious” based on their own dislike of them. But that’s an abuse of the APA.
The APA was not meant as a tool for allowing federal judges to govern from the shadows by wilfully overriding the executive branch in any matter that they pleased, but to rein in the power of unelected administrators and officials which FDR had described as threatening to “develop a fourth branch of government for which there is no sanction in the Constitution.”
The report by FDR’s Attorney General Frank Murphy, later a Supreme Court justice, which led directly to the APA, specifically stated that the committee drawing up the baseline for the APA was not concerned with “the wisdom or propriety of regulations promulgated by the agencies, not with the correctness of the decisions in individual cases.”
The APA’s presumption was that federal agencies had become too sprawling to be managed properly and that the public needed some recourse against them. Its purpose was more in line with the recent Supreme Court decision ending Chevron Deference (which the same Democrats turning to the APA to attack Trump vocally protested) than to interfere with the president.
Federal judges are abusing the APA’s interdiction of “capricious” rulemaking by bureaucrats to block policies that are coming directly from the White House for entirely well-known reasons.
There is no mystery as to why, for example, government websites are taking down transgender materials. It requires no ‘rulemaking’ process or ‘comment period’ to understand why that is so. It’s part of a very public debate that has been going on across the country and that the losing side is trying to abuse by exploiting the APA to claim that it’s unreasoned or capricious.
During Trump’s first term, Justice Roberts along with the leftist justices executed the ultimate coup by arguing that a citizenship question could be blocked from appearing on the 2020 census because it violated the APA and it “appears to have been contrived”. Roberts seized the right to second guess the administration’s judgement over the political spin used to justify a decision and veto the president’s move on the grounds that he did not like his reasoning.
All of that was subjective, not objective, and it was a massive power grab by the judiciary.
The APA had been meant to shift power away from unelected officials and to the people by means of judicial review, and instead the judges cut out the people and took power themselves. Federal judges are not following the law, but substituting their own values and judgement for those of the elected officials whom the public chose to implement common sense policies.
A federal judge blocked the Bureau of Prisons from moving male offenders who falsely claim to be women out of female housing, arguing that “the public interest in seeing the plaintiffs relocated immediately to male facilities is slight at best.” The women who have been sexually assaulted by ‘transgender’ male offenders in custody might disagree.
The Constitution divided the United States government into three branches, but those branches are more informally divided between elected officials who follow their gut instincts and the whims of the public in making policy and the judiciary which follows the law. A president with no initiative or independent thinking is a mere administrator, not a leader. If his decisions follow precedent, law and existing policy alone, he ceases to represent the people. By contrast, a judge who follows his gut instincts, thinks independently and advocates for causes is a tyrant.
Under the constitutional scheme, judges cannot both serve as the leaders who make policy and who check those leaders who make policy. That’s not a judiciary, that’s a tyranny.
If that sounds like mere rhetoric, it comes from the highest of all sources in American history.
Thomas Jefferson cautioned that judges have “the same passions for party, for power” and “their power is the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control.”
“The Constitution has erected no such single tribunal, knowing that, to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign with themselves.”
He warned that “to consider the judges as the ultimate arbiters of all constitutional questions” would be “a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy”.
The federal judges blocking President Trump’s decisions on spurious pretexts such as the APA are engaged in a judicial coup that Jefferson, Lincoln and our greatest leaders had defied.
If President Trump follows in their footsteps, he will not be defying the law, but standing up for the power of the people and the integrity of the Constitution.
What we’ve heard about (condoms for bomb making in Gaza, transgender operas in Colombia, Gender neutral language in Sri Lanka, etc) doesn’t even scratch the surface. If the public knew the truth about government waste and malfeasance (and the Deep State’s arrogant refusal accept the will of the people) a mob of millions armed with pitchforks would descend on government offices.
Don’t forget the torches, nooses, tar and feathers.
Tar and feathers were still being used during the Civil War period. I was reading about that recently in Grant’s memoirs.
How are those Grant memoirs? I’ve been meaning to read them lately. I know after his untimely death of pancreatic cancer, I think. Those memoirs were well received and reviewed and provided for his family. It made them very rich actually, as you know. By all accounts they were well written. There’s a mini-bio of him on Newsmax that’s often played in lieu of commercials.
Newsmax plays mini-bios on interesting people like Grant all day and night long. Former politicians, public figures, historical figures, celebrities, etc. If you don’t have Newsmax and Real America’s Voice, you need to buy a Samsung TV. They come for free on Sammy TV along with 2 or 3 hundred other free channels. There are lots of movie and music channels along with plenty of other genres. (My girlfriend digs the five western channels. She can watch those corny old TV shows all day long when she isn’t cooking, nursing a beer or in the sack, which are the only things she seems to do. I even saw “Hopalong Cassidy” for the first time recently.) And it goes without saying that Newsmax and RAV are the only real news networks on TV – surrounded by Minitrue bullcrap.
For instance, they’ve both been reporting for the last two days that DOGE discovered there are more ” people” receiving Social Security than there are people in the US population. That’s 330 million plus. Or maybe it’s far more than are retirement age, I forget which. There are 19 or 20 million over 100 years old. DERP. There are 1.5 million or so over 250 years old. Double derp. There are people over 350 years old. YUGE DERP. You won’t hear about that on the Minitrue Media alphabet networks. Not even FPM has reported it yet.
And Grant was a great guy. He stood up for black Americans, too. As always, the black and white race obsessed lefties lie about his record, as you know. He was white, a former soldier and former President. That’s three strikes to those America haters. He was competent too, so he gets their special enmity.
* Newsmax is playing a John Wayne mini-bio right now. 🙂
And your AR-15s! “If you got em, smoke em!”
Pitchforks are passe unless they are gas operated semiautomatic.
Twenty years ago I believed we were headed towards a civil war. And I still believe it may be coming. As I saw it then, as I see it now, the battleground is going to be the judiciary. Who will flinch first?
At a NM Marxist Educators for Socialist Action meeting here in Albuquerque Feb, 17, 1986, George Meyers, the head of the CPUSA Labor Department: “The overthrow of the United States through force if necessary! BROTHER AGAINST BROTHER!”
Chris, there’s you Civil War and look how close we are today. Facebook alone is an online Civil War with families, friends, colleagues, co-workers, neighbors, UNFRIENDING EACH OTHER! It’s easy when you’re not in front of them. “But, we’re family!” “I don’t care! You voted for ________!”
Amazing that the ones doing the UNFRIENDING are fanatically PRO-CHOICE…. when it comes to ripping a baby out of the womb, limb by limb, and ANTI-CHOICE on how much money you make; the home you live in; the cars you drive; the toys you own; the radio shows you listen to; the TV shows you watch; how much you can eat and drink; even what soap to use; and their BIGGEST ANTI-CHOICE…. WHO YOU VOTE FOR! They’ll dox you, get you fired, intimidate you, and retaliate against you! THEY ARE EVIL!
WE SEE THEIR NON-STOP PROTESTS LED BY ANTI-AMERICAN COMMUNISTS RECRUITING THE NEXT GENERATION OF COMMUNISTS, and if the American Patriots stood up against them, Brother against Brother!
I also know that if The Patriots stood up in mass against MOB RULE, a Democrat leader would give orders to the National Guard, “to shoot to kill to save our Democracy!” “Guard against Guard.”
That’s about the time that the CPUSA was predicting that upwards of 25 million people would be killed in their war.
And then we shoot back, and re-claim our unique American Freedom.
We are already in a moral and civic war. Conservatives vs. Progressives. One believes in traditional moral order, the other wants moral chaos. We are fighting for the fabric of the country( nuclear family, economic responsibility and liberties) Trump has the tools and knowledge to bridge the chaotic chasim into strength and will to us.
Some judge in Pottsylvania should not have the authority to issue rulings that affect an entire nation. I.e., strike down Executive Orders.
The judge is assigned a circuit. Their decisions should only apply within that circuit
jcr
I wonder about that too. It doesn’t seem right that some dumbass
judge in some limited jurisdictional circuit somewhere should
be able to affect what will impact the lives of over 300 million
American people.
Particularly without any ramifications when found guity of abuse of their authority.
Lower courts don’t have that authority. The Constitution doesn’t grant it to them. These D-Bag judges are criminals and need to be arrested and prosecuted.
Get to work, AG Pam Bondi. You too, President Trump. None of your restorations and improvements matter if you allow them to be illegally countermanded.
Look to see if these Activist Judges are members of the ACLU and NLG.
The ACLU is all over Facebook advertising that they are going to STOP TRUMP! Did they ever do the same to Obama and Biden when they signed EOs?
This means that the ACLU/NLG has the Judges ready with “UNCONSTITUTIONAL” papers ready to sign and probably didn’t even carefully read or even write. That puts a hold on everything, sometimes for years, and then it finally hits the SCOTUS, and they lose, or did they really lose. NO! THEY’RE LAUGHING! “NEXT!”
And both the ACLU and NLG had very Marxist origins, from what I have read. See the books by James Simpson and J. Michael Waller–“Manufactured Crisis,” and “Big Intel.”
I have tried repeatedly to uncover the real funding for the ACLU to no avail. It would be interesting to find out how much of their funding actually comes from the US Taxpayer and is ultimately used to thwart the will of the people.
Exactly. Judicial overreach is a threat to the recovery of the country following Democrat rule under Obama and Biden. Mark Levin covered this topic admirably (sans ranting) several weeks ago on his Sunday evening program. It’s worth watching. A federal judge in the 1940’s (name escapes me) presciently warned of the judiciary excess witnesssed now, threatening the executive branch and the separation of power between the three branches of government.
The only elements of the executive branch in the Constitution are the president and vice president. Anything added to the executive branch later that is not controlled by the chief executive is another branch, which can only be created by amending the Constitution.
Yes and the last time I checked, the Constitution hasn’t been amended.
The emphasis should not be on the judges usurping authority but on the shysters who continue to bring suit at the behest of liberal activists and politicians.
These arrogant so called “Judges” think they can do anything they please,whether approved in the written law,or not, by threatening we citizens. These Communist Judges say they want a civil war, but forgot that most civil wars end up with “hanged Judges’ richly deserved in these cases. Support the Constitution, and destroy the Democrat/KKK/Communist party today!
Yeah, Judicial Coup is the Democrat specialty. That’s how they took over the California government, one judge overturning the election results in the 1990s.
Yes, and our State Legislature has illegally overturned ballot measures and ignored others they don’t like. All measures which benefit ordinary citizens, of course.
One might think that the abuse of power perpetrated by federal judges
against the executive branch could at least be thwarted by appeal to
the Supreme Court. Until one remembers the left and lyranny-leaning
proclivities of Chief Justice Roberts and other justices on SCOTUS.
Roberts allowing Obamacare to become the law of the land based on
some dubious tax designation springs to mind.
What can actually be done about these unelected bureaucrats – these
federal judges – deciding what will and will not be allowed in America?
Would striking down or legislatively revising the Administrative Procedure
Act help – especially addressing that ‘arbitrary and capricious’ aspect of
it. Are enough members of Congress outraged by these judges to do
anything about it – or are there still too many Rinos who are secretly glad.
One of those Judges from Rhode Island has Major Conflict of Interest going on so if true should be totally removed from the Bench and Arrested
Musk co-founded Pay Pal which has 430 million users . That’s 130 million more than the population of the USA . On average , Pay Pal handles 100 BILLION seamless transactions per year .
Musk is going to bring the US Government to a level of efficiency unseen in it’s history .
The accountability will be 100% efficient .
Unaccountability is where the tyrannical Left lives .
They’re going to be thrilled with being held 100% accountable by the ” deplorables , huh ?
The judiciary is clearly the head of the deep state and if president Trump tries to change this he will be accused once again of being a dictator.
Thanks Mo, that’s a good reading of history.
President Trump is already accused of being a dictator by the usual suspects. Also a fascist, Nazi, white supremacist, misogynist, rapist, Alphabet People hater, pet hater, and any other idiotic slur the usual suspects on the Dirtbagocrat left can imagine.
America backs him, not the usual suspects.
“Once again”,? it has never ended. The impact has waned by excessive over utilization. That and the “Hitler” canard. The Democrats digging into their bag of dirty tricks have discovered an empty sack.
So, let’s say Trump tells the Judiciary to go micturate up a rope (as he should) and ignores the rogue branch. Does that not set a dangerous precedent for the G-d forbid next Democrat who steals an election to use this as pretext to do anything and everything to just seize absolute power for any means and by any means necessary?
Even with Trump in office after last November’s miracle landslide, American government is gone because we have one party that for 200 years has been doing all it can to overthrow it and another that has done nothing to stop it let alone reverse course. Until MAGA.
We are in a pickle.
The Jacobin/Democrat/KKK/Communist Party, trying to destroy American Freedom since 1828.” Kill them all,and let God sort them out” was a very popular saying during the Viet Nam War,and is still solid advice for dealing with these Globalist/Leftists.
The lower courts, federal or not, do NOT have the legal authority to countermand Presidents. They have no authority over them whatsoever, and as you pointed out, Presidents aren’t subject to the American Administrative Act at all. It was designed to counter overly officious bureaucrats, such as the scumbags in USAID, not thwart the will of the people when it’s enacted by a President.
“The federal judges blocking President Trump’s decisions on spurious pretexts such as the APA are engaged in a judicial coup that Jefferson, Lincoln and our greatest leaders had defied.
If President Trump follows in their footsteps, he will not be defying the law, but standing up for the power of the people and the integrity of the Constitution.”
Exactly. President Trump needs to stop using the very court system which is issuing illegal rulings to try and counter those rulings until they EVENTUALLY reach the Supreme Court. He’s under no legal requirement or constraint to do so and he needs to stop granting the corrupt lower courts power they don’t actually have. HE”S WASTING AMERICA’S TIME AND SPIRIT BY DOING SO. He needs to go Andy Jackson on their asses and let THEM try and take their illegal edicts to the Supreme Court.
And it goes without saying that all those crooked judges issuing illegal edicts are Dirtbagocrat operatives.
This article seems convincing to me, but what do I know? IANAL, nor do I wish to be one. We really need more articles like this by legal experts.
Legal “experts” are part of the problem and usually push illegal judicial tyranny. I learned long ago that “expert” usually translates to “full of shit.”
וְאַתָּ֣ה תֶחֱזֶ֣ה מִכׇּל־הָ֠עָ֠ם אַנְשֵׁי־חַ֜יִל יִרְאֵ֧י אֱלֹהִ֛ים אַנְשֵׁ֥י אֱמֶ֖ת שֹׂ֣נְאֵי בָ֑צַע וְשַׂמְתָּ֣ עֲלֵהֶ֗ם
Jethro was the original management consultant
Mazel Tov.
Saya tidak bicara bahasa Yehudi.
Only a fool or a guilty party would hate the Musk ‘invasion’. The dark side is that power corrupts, as w all know.
Right or wrong, the judicial oppositions do serve to keep the ‘good guys’ honest.
After Trump was thwarted by judges in his first term by simply trying to build a border wall protecting the American people, the idea that this judicial interventionism wasn’t anticipated by he and his advisors is doubtful. With the flood of EO’s and the subsequent judicial lawsuits blocking his agenda, I believe he is setting up this unelected judicial branch for a fall. It certainly has put a spotlight on these partisan hacks in black robes. Now the appeals begin and instead of ignoring their improper edicts, he plans to legally and forever disarms them.
Trump certainly doesn’t seem surprised by this. We just need to be patient. He still has 3 years and 11 months left.
I hope that’s the case. (Crappy pun, I know.)
Sounds like these judges are copying the despicable behavior of Israel’s supreme court justices.
It sure does. Diseased minds think alike.
Roberts has sold out and is the main reason SCOTUS fails to rein in the rowdy judgelings. He let FISA go off the rails, too.
“Law is but a heathen word for power.” – Daniel Defoe —
It was the federal judiciary which deconstructed the letter and spirit of the US Constitution and buried beneath a mountain of bad law, which ideologically bankrupt jurisprudence then set the precedent for more bad law. An unelected federal judge should not have the authority nor judicial powers to overrule the lawful orders of the peoples duly elected Chief Executive, especially when his official position or office is Constitutionally inferior in power to that of the nations Chief Executive. Such actions should be considered a breech of unconstitutional judicial conduct.
Well if the orders are illegal and you KNOW this, then simply defy them.
Nobody is forced to follow ILLEGAL orders.
If they ARE illegal then nothing will happen to you for not following them.
If they ARE illegal then get rid of the judge so nothing should happen afterwards either.