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Remember when the judicial branch interpreted laws instead of making them? Those days seem increasingly distant as activist judges flex their powers far beyond anything the founders envisioned.
What happens when unelected judges start micromanaging presidential decisions? We’re about to find out. A wave of judicial orders is threatening to transform our constitutional republic into a system where every executive action requires a judge’s permission slip.
The latest constitutional crisis landed on the Supreme Court’s doorstep Sunday night. The Trump administration filed an emergency appeal challenging something unprecedented in American history: a lower court order forcing the president to keep a Biden appointee in power against his will.
From ‘Daily Caller’:
In an emergency application, President Donald Trump asked the justices to allow him to fire the leader of an agency dedicated to protecting whistleblowers, Hampton Dellinger, after a lower court ordered his reinstatement…
“Until now, as far as we are aware, no court in American history has wielded an injunction to force the President to retain an agency head whom the President believes should not be entrusted with executive power and to prevent the President from relying on his preferred replacement,” it continues.
Unprecedented Judicial Overreach
Let that sink in for a moment. A single district court judge thinks she has the power to tell the President of the United States who he must keep in his administration. This isn’t just judicial activism – it’s judicial imperialism.
The case involves Hampton Dellinger, head of the Office of Special Counsel, whom President Trump dismissed on February 7. Instead of accepting his removal like every other fired federal official in American history, Dellinger ran to the courts. U.S. District Judge Amy Berman Jackson obliged with a temporary restraining order forcing his reinstatement.
Acting Solicitor General Sarah Harris didn’t mince words. She called it an “unprecedented assault on the separation of powers that warrants immediate relief.” Sound familiar? It should. This is exactly what the founders warned us about.
Constitutional Principles at Stake
Here’s where it gets really interesting – and by interesting, I mean concerning. The Supreme Court has repeatedly upheld broad presidential authority to remove senior officials.
They struck down restrictions on removing heads of both the Consumer Financial Protection Bureau and Federal Housing Finance Agency.
Even Biden used this power to remove the Social Security Administration head in 2021. But apparently, what’s good for the Democratic goose isn’t good for the Republican gander.
Broader Pattern of Obstruction
This isn’t happening in isolation. Multiple federal judges have issued temporary restraining orders blocking various Trump administration actions since January 20.
It’s starting to look less like judicial oversight and more like judicial obstruction.
Think about it: When did we decide that every presidential decision needs a federal judge’s stamp of approval?
That’s not democracy – that’s bureaucracy with a gavel.
Key Takeaways:
- Federal courts have taken unprecedented steps to strip presidential authority through temporary restraining orders.
- Liberal judges are forcing President Trump to retain Biden-appointed bureaucrats against constitutional precedent.
- The Supreme Court’s decision could determine whether presidents can effectively govern or face constant judicial roadblocks.
Sources: Daily Caller, CBS News, SCOTUSblog