Voters in 2024 gave Trump a mandate to execute his agenda. At the top of that agenda is the deportation of millions of people who entered the country illegally but were enabled by what amounted to treason by the Biden administration. Many of these illegal aliens present significant threats to national security and public safety. Democrats are using the court system to block Trump from doing a job that needs to be done.
Democrats wanting to throw a monkey wrench into Trump’s agenda have been able to “forum shop” by seeking out sympathetic district court judges most likely to block the president’s actions. By issuing nationwide injunctions against Trump’s executive orders, these rogue judges have effectively shut down the executive branch of the federal government. “Since Trump took office,” said Texas rep. August Pfluger, “activist judges in district courts have aggressively blocked his executive actions. The fact that an unelected lower court judge can micromanage the commander-in-chief should trouble every single American.”
Does President Trump have the authority to deport people who entered the country illegally? Are illegals entitled to due process when they are deported, and if so, what does that mean? Do district judges have the power to issue nationwide injunctions stopping presidential executive orders?
Common sense dictates that the answer to the first question is yes, and the answer to the third question is no. The answer to the second question is more complicated. If due process means giving illegals a court appearance before a judge, the answer should be no. It would take hundreds of years to get millions of illegals into court. The rules of due process must be flexible if millions of illegals can be deported quickly.
“People who are enemies of the United States don’t have the same level of due process,” said border czar Tom Homan. Hans A. von Spakovsky and Charles Stimson of the Heritage Foundation agreed with Homan. “It’s important to recognize that illegal immigrants don’t have the same due process rights as citizens,” they wrote. “For more than 100 years, the Supreme Court has held that the only due process to which illegal immigrants are entitled is what Congress gives them through federal immigration law. [Justice Samuel] Alito concurred: ‘The decisions of executive or administrative officers, acting within powers expressly conferred by Congress, are due process of law.’”
“That means that illegal immigrants don’t have to be given access to the courts,” von Spakovsky and Stimson conclude. “Just because you don’t see a judge doesn’t mean you aren’t receiving due process,” said former White House Press Secretary Sarah Huckabee Sanders.
“I’m doing what I was elected to do, remove criminals from our country, but the courts don’t seem to want me to do that,” said President Trump. “My team is being stymied at every turn by even the U.S. Supreme Court, which seemingly doesn’t want me to send violent criminals and terrorists back to Venezuela, or any other country, for that matter. We cannot give everyone a trial, because to do so would take, without exaggeration, 200 years. We would need hundreds of thousands of trials for the hundreds of thousands of Illegals we are sending out of the country. Such a thing is not possible to do.”
Impossible or not, Democrats are all for it. “[The Democrats] don’t want border security,” said Vice President JD Vance. “They don’t want us to deport the people who’ve come into our country illegally. They want to accomplish through fake legal process what they failed to accomplish politically: The ratification of Biden’s illegal migrant invasion.”
Annenberg Public Policy Center. “The court had been primarily regarded as a legal institution, not a political one, strengthened by its ‘norms, processes, symbols, and independence,’ and was therefore afforded greater public trust and legitimacy than other institutions.” The public’s perception of the Court has been degraded. One indication of the reduction in trust is that more people support term limits for justices.
At least two justices, Sotomayor and Jackson, are willing to allow their political ideology to conflict with what is best for America. Justice Sonia Sotomayor has embraced the pathetic strategy known as “Get Trump.” Sotomayor told the American Bar Association that lawyers across America should “fight this fight,” obviously meaning against President Donald Trump and his administration. Justice Sotomayor, by her own admission, is an anti-Trump attack dog. We should not tolerate this kind of behavior on the Court. “Apparently,” said Mike Miller at RedState, “Sotomayor missed the ‘justice is blind’ thingy in law school.”
Justice Ketanji Brown Jackson is not far behind Sotomayor. She has condemned the Trump administration’s attempts at deporting illegals. “What problem is the government facing from being told it has to stop doing this,” Jackson asked in support of district court injunctions. She is pretending that the country does not face any danger from 20 million or more illegals.
Instead of doing her job by condemning the judicial overreach of district court judges, Jackson has sidestepped the issue by accusing the Trump administration of trying to intimidate those judges. Such alleged intimidation “undermines democracy,“ she insists. “I urge you to keep going, keep doing what is right for our country,” she said in support of the rogue judges. Her opinion misses the point of “what is right for our country.” Stephen Miller, White House deputy chief of staff, has criticized activist judges like Jackson who are putting the country at risk while erasing the legitimate powers of the presidency.
If district courts are allowed to continue their assault on Trump’s executive orders, the president will not be able to fulfill the mandate given to him by the American people. Justices Alito and Thomas understand the need for the Court to step in. The remaining justices seem to blow with the wind. We need five justices to ensure that the Court does the right thing by supporting the legal powers of the president. Will five justices step up to the plate or will the Supreme Court succumb to pressure by the Democratic Party to sabotage Trump’s agenda?
Ed Brodow is a conservative political commentator and author of ten books including two No. 1 Amazon Best Sellers, AMERICA ON ITS KNEES: The Cost of Replacing Trump with Biden, and THE WAR ON WHITES: How Hating White People Became the New National Sport.
Image: AT via Magic Studio
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