Federal judges appear to be revolting against President Trump’s resolve to keep government accountable. In an unprecedented turn, Democrat plaintiffs are putting cases before Democrat appointees, who are then blocking executive authorities under Article II. A coup? Maybe.
In Federalist Paper 78, Alexander Hamilton said the “judiciary” would stay weak, lacking a “sword or purse.” He was wrong. Below the Supreme Court, federal courts are created by Congress – and they have grown in power.
Today, we see this in spades. Of 123 cases before federal judges challenging President Trump’s Article II power to manage immigration, access to financial data, stop fraud, identify two sexes, deport criminals, and push contractor reductions at unexamined federal agencies – based on existing law – most are before anti-Trump Democrat judges, who are not holding back.
In short, Democrat plaintiffs are “forum shopping,” looking for a favorable, politically active judge – cherry-picking from among Democrat appointees. Most judges hearing these cases are Obama and Biden appointees – and they are issuing anti-Trump rulings.
Of the few Republican-appointed judges involved, most favor existing caselaw, specifically Article II authorities being used for downsizing and re-normalizing of government.
Of the 123 pending cases, many involve a challenge to the executive order revoking birthright citizenship, arguing the 14th Amendment was never intended to allow a pregnant illegal alien to enter the country. have a child, and use that child’s birth to justify their own citizenship.
Of those, most are before Obama or Biden judges, multiple before Leo Sorokin (Obama) and Deborah Boardman (Biden), others before Eumi Lee (Biden), Autumn Spaeth (magistrate, appointed by Democrat bench), and Margaret Garnett (Biden).
A second set, challenging the deportation of criminal aliens, how we investigate false asylum claims, and federal rights in sanctuary cities are also before Democrat judges. Of these cases, only two are before Trump judges (John Kness and Carl Nichols). All the rest are before Democrats, Judge Daniel Moss (Obama), William Orick (Obama), Jia Cobb (Biden), multiple cases Rudolph Contreras (Obama), Edward Chen (Obama), George Russell (Obama), Richard Stearns (Clinton), Indira Talwani (Obama), Randolph Moss (Obama), Jamal Whitehead (Biden), and Kevin Sweazea and Michael Harvey (magistrates appointed by Democrats).
A third set of cases – these involving challenges to DOGE (within OMB), access to information suggestive of fraud, contractor favoritism, payments to non-existent accounts, waste, and layoffs, has also ended up – curiously – before largely Democrat judges.
Five of these cases are before Republican-appointed judges (Dabney Friedrich, Rosie Alston, John Bates, Richard Leon, and Reggie Walton) – all the rest are before Democrats, half a dozen before Jia Cobb (Biden), many before Amir Alli (Biden), Ellen Hollander (Obama), Amy Jackson (Obama), Theodore Chuang (Obama), and Christopher Cooper (Obama), still others before Denise Cote (Clinton), Jesse Furman (Obama), Paul Friedman (Clinton), Paula Xinis (Obama), Daniel Moss (Obama), Colleen Kollar-Kotelly (Clinton), Jeanette Vargas (Biden), George O’Toole (Clinton), Beryl Howell (Obama), Matthew Maddox (Biden), Myon Joun (Biden), “Sparkle” Sooknan an (Biden), Richard Leon (Biden), several before anti-Trump judge Tanya Chutkan (Obama) – harshest January 6th sentencer.
Yet another raft of cases has been launched, like a fusillade of missiles, by non-profits pushing CRT, DEI, and other extremist ideologies. Only three are before Republicans, Joyce Lamberth (Reagan), Mitchell Goldberg (Bush), and Daniel Domenico (Trump).
Again, all the rest are before Democrats, Christopher Cooper (Obama), James Bredar (Obama), William Alsup (Clinton), Ana Reyes (Biden), Amir Ali (Biden), multiple before Loren Alikhan (Biden), Jennifer Rearden (Biden), James McConnell (Obama), multiple before Mary Kelly (magistrate for Democrat bench), George O’Toole (Clinton), Brendon Hurson (Biden), Lauren King (Biden), Julia Kobick (Biden), Linda McCafferty (Obama)…and the list goes on.
A survey of these 123 cases, shows the ratio before Democrat-appointed judges versus Republicans is roughly 10 to one. Rulings against Trump are proportional, if incomplete. Three cases are headed for the Supreme Court.
The takeaway is that political ideology plays a major part in rulings by Democrat appointees, no surprise given their past politics. Disappointing, as it undermines trust in the judiciary.
Whenever political activism, favoritism, or determinism enter a judicial opinion, it represents another cut, another wound to the body politic, and diminished trust in judicial impartiality.
Taken as a whole, what this 10-to-one tip in decision-making – a slap at fair administration of laws – means is simple. Since most judges hearing challenges to Trump are Democrat-appointed, many transparently activists, do not expect impartiality.
Behind the curtain, even absent coordination, these judges are anti-Trump, and see themselves as a bulwark – not of democracy but of their left-leaning ideology.
A coup is a coordinated, anti-constitutional effort to unseat incumbent leadership. This may not be that, but when the judicial branch – conceived as limited and accountable – believes it can assume Article II powers of a President, something is off. If this is not a judges’ coup, it is close. Let us hope the Supreme Court can quickly put things right.
Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR). He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (2018), and is National Spokesman for AMAC. Robert Charles has also just released an uplifting new book, “Cherish America: Stories of Courage, Character, and Kindness” (Tower Publishing, 2024).
The leftists never tire, like their father satan who roams the earth like a lion seeking whom he can devour, they inhabit the court rooms in their black robes and give the impression of honesty when they are full of deceit. They will be judged by the great and almighty God in Heaven someday, and I don’t expect they will like the sentence.
RBC, as stated before, the Left will continue to use delaying tactics against the Trump administration until they can regain control in the Congress and then probably initiate impeachment proceedings using as much false information to attempt to bring his downfall. Our enemies are still enjoying the show.
There has to be a method of arguing against these judges operating outside of or against the Constitution. Sooner, rather than later. Biden/Harris almost succeeded in turning this country into a Marxist state. Let’s not let the judges do it for them.
RBC,
Essentially the same article as yesterday on the same topic. So here’s my comment from yesterday, as it still applies:
The Democrats are of course using their appointed federal district court judges as a means to try and subvert the will of the people and the lawful policies of President Trump. They Democrats are intentionally using these judges to attempt to slow-down or completely derail the President’s lawful actions, in the hope that they can stall enough progress to allow the Democrats to somehow regain control of the House of Representatives in 2026 and thus immediately impeach President Trump on some bogus charges.
The Democrat Party is nothing if not consistent in the strategies they employ. They care nothing for the American people nor the country as a whole. Their entire concern is over regaining their power and control of the federal government, so they can quickly ram through a series of horrendous policies that will permanently cement their unilateral control of the country and plunge this country back towards the path towards the neo-Marxism they want.
Congress needs to purge these crooked Communist-DEMOC-RAT “judges”.
Ultimately the issue of a SINGLE US District court judge issuing orders that unconstitutionally apply nation-wide must finally be resolved by SCOTUS. And I say that knowing it is a “roll of the dice” as to whether the Chief Justice, and more disappointingly, Justice Amy Coney Barett, will uphold the US Constitution.
Sounds to me like the Supreme Court ought to teach these ‘Federal Judges’ a thing or two about the US CONSTITUTION and what it says!
These tyrannical judges must be stopped. Impeach if necessary. They believe they are in charge. Unfortunately, with the Supreme Court, everyone says conservatives are a 6-3 majority. NOT True! Robert votes with the leftists more often than not. And Barrett is voting left more often too. so actually it is more a 5-4 liberal court. they cannot be counted to make the correct rulings in these cases that are sure to make it the Supreme Court.
January 6th in black robes. They are trying to interfere with and change how the government is supposed to work.
All this court action will eventually blow over, be overturned, and eventually fade into the sunset as insignificant footnotes in history. President Trump will have his way. If one judge hinders President Trump, President Trump will find another avenue to achieve his end goals, so all this legal interference will only slow things down temporarily, but not stop them. President Trump can always issue new Presidential Orders faster than the Libtards can challenge them in court. President Trump is way, way ahead of the curve when fulfilling his promises to the American people. MAGA!.
The Left needs to STOP with their bogus policies and propaganda! They are a sickening lot of greed and incompetence. We need to move on from their less than stellar actions that have destroyed America.
I agree! These federal judges are indeed “revolting”…
Clear out the Judges who were put on the bench by Biden/Obama/Clinton/Bush. Look at Roberts and Barrett…non conservative.
Hamilton saw the Judiciary weak lacking sword or purse. If the congress and Executive act strongly that could be true. Chief Justice Marshall in Marbury v Madison ruled the way he did because he recognized Madison controlled the sword and that he Marshall had no way of enforcing what he knew was the right thing to do. Americans who want the courts brought into constitutional bounds are eagerly waiting for Trump to tell the rouge Judges I am not going to enforce your orders because they are not constitutional. America has a tradition of following court orders without a need for enforcement. But when the Judges seem to think they can run the executive branch it is time to put them in their place.
These liberal judges have got to go. But, since they’re probably lifetime appointments and they’re traitors against America, President Trump should be able to ignore their anti-American rulings and plow ahead with MAGA.
The left/Dems will continue to use lawfare against President Trump just as they did during his campaign. The vote outcome in November obviously makes no difference to them. If anything, they are showing their contempt for each and every citizen who voted for DJT. Hopefully enough of these cases will be brought before SCOTUS and the Constitution will be upheld as its original intent specifies.
RBC: What about if the justices on the SCOTUS are themselves corrupt? There are at least 2 maybe more, who over the past few years, have shown signs that they may have been bought. How can they be investigated? They were appointed as Justices of the Supreme Court of this country. They were NOT appointed to be “God”- that position has already been taken.
Type up articles of impeachment for these judges, and start adding names.
How about a “scorecard” system is set up, if a judge’s finding is reversed three times by a higher court, the judge gets a letter of reprimand, three more times leads to public censure and three more times after that, disbarment/loss of office.