Why pro-life Americans can’t trust the courts any more



Americans love to blame politicians — and often with good reason. But the real power in this country doesn’t rest with the people we elect. It rests with the ones we don’t. Unelected judges now govern America. They don’t interpret laws. They rewrite them.

Activist judges have become the unelected elite now running our country, handing down rulings that override the will of voters, defy elected legislatures, and erase laws they don’t like.

One state is trying to protect life; the other is trying to shield those who end it. And a single judge gets to pick which law counts.

They employ manipulative language to justify their overreach. If you don’t comply, blood is on your hands. Whether it’s the environment, vaccine mandates, border control, or abortion access, the refrain is always the same: Submit to the ruling, or people will die.

The irony couldn’t be more blatant.

In many cases involving abortion policy, it is in fact judges’ rulings that cost lives — lives of the unborn babies impacted by their rogue, dangerous decisions.

Take the recent case in Tennessee, where a federal judge blocked a law that protected minors from being trafficked across state lines for secret abortions. The law didn’t punish women. It didn’t outlaw abortion. It simply required parental involvement, something the majority of Americans support. But for activist judges, parental rights are optional if abortion is the end goal.

In New York, another judge defied federal authority and openly refused to cooperate with Texas law enforcement to hold a doctor accountable for illegally prescribing abortion pills. One state is trying to protect life; the other is trying to shield those who end it. And a single judge gets to pick which law counts.

Meanwhile, a federal judge overturned efforts to defund Planned Parenthood nationwide, even after Congress passed clear budget restrictions. The elected branches — chosen by the people — made a decision. But it didn’t matter. The judge didn’t like it, so the ruling class overruled the people and prioritized its holy grail: abortion.

Judicial activism has turned the courts into abortion war rooms. Judges now see themselves not as interpreters of law but as defenders of an ideology that elevates abortion above the democratic process. Their rulings don’t reflect any laws. They reflect a commitment to abortion at any cost.

It’s not just dangerous. It’s undemocratic.

Thankfully, the Supreme Court is beginning to push back. In a recent ruling, the court clarified that district judges cannot issue nationwide injunctions and block federal policies. It’s a necessary and overdue correction. But it’s only the beginning.

RELATED: Judicial activism strikes again in 14th Amendment decision

Photo by Matt McClain/The Washington Post via Getty Images

The Supreme Court overturned Roe v. Wade and gave power back to the people. In many states across the country, Americans responded by electing leaders and passing laws to protect the unborn. But today, activist judges are overriding those efforts, blocking pro-life laws and shielding abortionists from accountability.

We need judges who apply the law, not rewrite it. Until that happens, every unborn child, every woman in danger of being exploited by the abortion industry, and every citizen fighting for life will remain at the mercy of unelected rulers.

The Dobbs decision was only the beginning. Now we must press forward to ensure that the will of the people is honored and the most vulnerable among us are finally protected.

Americans didn’t elect a Boston judge president



How much longer will Congress and the executive branch keep bowing to rogue judges?

On Monday, U.S. District Judge Indira Talwani in Boston ordered the federal government to continue reimbursing Planned Parenthood under Medicaid. She warned that cutting funding could cause women to “suffer adverse health consequences,” face more unintended pregnancies, and go without treatment for sexually transmitted infections.

The federal judiciary was never intended to wield this kind of unchecked power.

Congress had already voted to end the funding. The law is on the books. It went through the full legislative process and was signed by the president. But Judge Talwani believes her opinion overrides all of that. She not only reinterpreted the law, she ordered the appropriation of funds to a private abortion business.

That crosses a major constitutional line.

Judges don’t have the power of the purse. They can’t spend money. They can’t fund private organizations. Only Congress can do that. Yet that core principle of the separation of powers now seems optional. We are left with a system where unelected judges act as legislators, executives, and arbiters — and no one challenges them.

Too many conservatives hesitate to confront this reality. They’ll cheer when Trump ignores Congress on TikTok but wring their hands when he considers defying an unlawful court ruling. But judicial opinions don’t carry binding force simply because a judge wrote them. Presidents and lawmakers swear the same oath to the Constitution as judges do. They don’t swear loyalty to the judiciary.

If a court orders the government to fund Planned Parenthood in direct defiance of a law passed by Congress, and the executive branch complies, then we no longer have a functioning constitutional system. We have a judiciary with a veto power over the other branches.

This didn’t start with Talwani’s ruling, and it won’t end here. Judges now routinely issue sweeping decisions that affect the entire country, despite a recent Supreme Court ruling that supposedly reined in nationwide injunctions. Justices Clarence Thomas and Samuel Alito warned that lower courts would continue to defy precedent unless checked. They were right.

The time for deference is over. If Trump continues to honor every lawless edict from every federal judge, he only encourages more of the same. He entrenches the notion that judges make law and everyone else must obey.

RELATED: Democrats created this court monster — now it’s eating them

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Imagine Congress passes and Trump signs a reconciliation bill that strips federal courts of jurisdiction over immigration enforcement or Planned Parenthood funding. Under Judge Talwani’s logic, the courts could simply declare the law unconstitutional and order the executive branch to act against it — up to and including spending money Congress never appropriated. That’s not judicial review. That’s a judge acting like a one-woman super-legislature with a gavel and a god complex. Where does it end?

It never ends. Earlier this month, a judge in California ruled that ICE cannot carry out “roving” immigration enforcement in parts of the state’s Central Valley. The ruling lacked any constitutional basis. The judge simply decided too many illegal immigrants were being arrested and declared the enforcement itself a violation of rights — despite no evidence that a single American citizen had been wrongfully detained.

Rather than overturn the decision, the Ninth Circuit grilled government attorneys about whether ICE had an arrest quota. The implication was clear: Immigration enforcement itself is now suspect.

The federal judiciary was never intended to wield this kind of unchecked power. Congress holds the purse strings. The executive enforces the law. Judges interpret the law in individual cases. That’s the constitutional design.

Abraham Lincoln, in his fifth debate with Stephen Douglas in 1858, warned against treating court opinions as absolute. If citizens and lawmakers accept every ruling without question, Lincoln said, they prepare themselves to accept the next decision “without any inquiry.”

That mindset leads to tyranny. Not suddenly, but step by step.

The judiciary was supposed to be the weakest branch. It was designed that way. It has no army. It has no budget. Its legitimacy depends on its restraint. When judges cast that aside, the other branches must respond.

Otherwise, we will find ourselves governed not by the Constitution but by the whims of unelected lawyers with lifetime tenure.

If Trump does not confront the courts, we will be obliged to implement any rule from any judge who shares the same beliefs as Ilhan Omar or Alexandria Ocasio-Cortez. I’d hate to see what the next decision looks like.

Democrats created this court monster — now it’s eating them



The Supreme Court’s recent ruling greenlighting mass layoffs at the Department of Education sends a clear message: The courts no longer belong to the Democrats.

For decades, Democrats relied on judges to impose policies they couldn’t pass through Congress. But that strategy has collapsed. With a conservative majority now on the bench, the judicial workaround has given way to constitutional limits — and the left is losing.

Every time Democrats sue to block Trump’s orders, they hand him another opportunity — and this court is more than ready to lock in conservative victories for a generation.

In the final week of its 2024-2025 term, the high court:

  • Curbed federal courts’ ability to issue sweeping nationwide injunctions.
  • Affirmed the right of parents to opt their children out of school lessons that violate their religious beliefs.
  • Allowed South Carolina to deny Planned Parenthood Medicaid funding for non-abortion services.
  • Approved mass layoffs across the government — at least temporarily.

In high-stakes emergency cases, Trump keeps winning — notching victories in nearly all 18 Supreme Court petitions. That includes greenlights to deport migrants to third countries and enforce the transgender military ban.

Short-term gains, long-term pains

Democrats thought they could run out the clock with courtroom delay tactics. Instead, they handed Trump a fast pass to the one branch he dominates.

Only one branch of government speaks with a single, constitutionally defined voice — the executive. And right now, that voice belongs to the president, no matter how loudly the deep state screams.

Unlike the executive, Congress isn’t built for speed. It’s a fractured, slow-moving body by design — hundreds of voices split by region, party, and ego. The judiciary can splinter, too, with power scattered across lower courts nationwide.

But the Supreme Court? That’s a different story.

With a 6-3 conservative majority, Trump holds a 2-to-1 advantage. Imagine if Republicans had that kind of dominance in Congress.

Trump wouldn’t be scraping by with a razor-thin 220-212 majority in the House. His agenda would cruise through. In the Senate, forget the 60-vote filibuster firewall — Trump’s bills would pass outright.

Reconciliation wouldn’t be a high-wire act. It would be routine. No more watching the Senate parliamentarian gut key provisions from his One Big Beautiful Bill Act.

Granted, the Supreme Court can’t launch policy offensives like Congress or the White House. It waits for cases to land.

But thanks to Democrats, those cases keep coming. Every time they sue to block Trump’s executive orders, they hand him another opportunity — and this court is more than ready to lock in conservative victories for a generation.

Dems’ Achilles’ heel

For decades, Democrats treated the courts as a shortcut to power. When they couldn’t pass laws, they let judges do the work. Roe v. Wade was the crown jewel — a sweeping federal abortion mandate they never could have gotten through Congress. Even Ruth Bader Ginsburg admitted the legal reasoning was flimsy.

They used the same playbook to expand the welfare state and rewrite social policy from the bench. Judicial activism became the norm, and both sides played the game. But Democrats played it harder — and now the rules are turning against them.

What once looked like a string of permanent victories has turned into a pipeline of defeats. Every lawsuit they file hands Trump’s Supreme Court another shot at affirming his agenda. Even when he technically loses, the rulings often leave behind a roadmap showing exactly how to win the next round.

RELATED: Supreme Court grants massive victory to Trump administration on cutting down Department of Education

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Democrats’ Supreme Court problem could get a lot worse. Justice Sonia Sotomayor, the court’s oldest liberal at 71, has Type 1 diabetes and a history of health problems. If she steps down during Trump’s term, he could lock in a 7-2 conservative majority.

And if either Clarence Thomas, 77, or Samuel Alito, 75, decides to retire, Trump could replace them with younger conservatives — extending the court’s rightward tilt for decades.

Securing a conservative legacy

Trump has every incentive to issue bold executive orders. Each lawsuit the left files creates another opening for the Court to back him — and turn temporary wins into permanent precedent.

By chasing headlines and placating the base with short-term court fights, Democrats are handing Trump the long game. Their decades of judicial overreach have backfired. The courts they once controlled now serve as Trump’s most powerful weapon.

Democrats crown judges while crying about kings



“In America, we don’t do kings.” That was the message of the leftist protesters who swarmed the streets nationwide on June 14 in opposition to President Donald Trump and his agenda.

“Trump must go now!” they chanted, waving signs that likened the president to a dictator and U.S. Immigration and Customs Enforcement agents to his “Gestapo.” Their complaint was alleged despotism. But if Democrats really opposed authoritarianism, they wouldn’t be celebrating its emergence in the courts.

There are no kings in the United States — just a bunch of black-robed activists who seem to have forgotten the difference between ‘Your Honor’ and ‘Your Majesty.’

When U.S. District Judge Indira Talwani brazenly overstepped her authority on July 7 to block Congress from stripping Planned Parenthood’s Medicaid funding through the budget reconciliation bill — a clear usurpation of the legislative branch’s power of the purse — the response from the left wasn't outrage. It was praise.

"Good," Senate Minority Leader Chuck Schumer (D-N.Y.) wrote on X. “Democrats will never stop fighting this backdoor abortion ban from the Republicans.”

— (@)

Schumer’s apparent admission that Medicaid funds abortions aside, his comments also belie his party's disingenuous indignation over supposed federal overreach.

Judges above the law

That selective outrage was on full display in April amid the arrest of a Wisconsin judge for allegedly escorting Eduardo Flores-Ruiz — an illegal immigrant who had previously been deported — out the back jury door of her courtroom to help him evade federal immigration authorities.

The ICE agents in question had a valid administrative warrant for Flores-Ruiz’s arrest, yet leftists railed against efforts to hold Milwaukee County Circuit Judge Hannah Dugan to account for her alleged obstruction.

"By arresting a sitting judge over routine courthouse management, the Trump regime has signaled its eagerness to weaponize federal power against members of the judiciary who do not align with its political agenda,” writer Mitchell Sobieski fumed in a Milwaukee Independent op-ed.

If impeding federal law enforcement now qualifies as "routine courthouse management," that's a big problem.

Meanwhile, Milwaukee Mayor Cavalier Johnson, a Democrat, complained that the Trump administration was “scaring people” by enforcing federal immigration law.

“They’re scaring people in this community; they’re scaring people in immigrant communities all across the United States,” Johnson told reporters.

Never mind the law-abiding U.S. citizens who remain scared that their daughters, sisters, or mothers could be the next Laken Riley, Jocelyn Nungaray, or Rachel Morin — all victims of murderers in the country illegally.

Apparently, their fears are irrelevant.

As for Dugan, her claim that “judicial immunity” precludes her from being prosecuted for alleged obstruction of justice is as monarchical as it gets.

Judges are but one facet of the American justice system, and as Democrats loved reminding us all 15 minutes ago: “No one is above the law.”

Democrats love activist judges

Of course, Democrats’ lack of interest in reining in the judiciary is nothing new. After all, the Democratic Party has long relied on activist judges to impose its will on the American public.

With Roe v. Wade in 1973, liberals leveraged a sympathetic U.S. Supreme Court to force nearly a half-century of unregulated abortion onto a country that was — and still is — deeply divided on the procedure.

In 2015, leftists used the same playbook to mandate same-sex marriage nationwide via Obergefell v. Hodges.

In the age of Trump, however, judicial activism has become an even more flagrant problem.

Last year, then-candidate Trump was frequently forced to split his time between the campaign trail and the courtroom as he fended off contrived criminal indictments and lawsuits, nearly all of which were conveniently presided over by liberal judges.

RELATED: Rogue anti-Trump judges obliterated by SCOTUS’ landmark ruling

Liudmila Chernetska via iStock/Getty Images

At the same time, radical judges in Colorado and Illinois, along with Maine’s Democratic secretary of state, attempted to strip voters of their right to decide the presidential election by removing Trump’s name from the ballot.

Fortunately, the U.S. Supreme Court stepped in to quash that authoritarian plot. Unfortunately for the justices, it's a move they've had to repeat several times since the president’s inauguration in January.

In a line of cases challenging Trump’s policy pursuits, rogue district court judges have issued sweeping injunctions blocking him from implementing his agenda nationwide in cases without a class certification — a practice that the Supreme Court has lately admonished as “likely” judicial overreach.

Still, lower-court judges are finding other ways to overstep their authority. U.S. District Judge Brian Murphy, for example, appears to have decided that his court, not the nation's high court, reigns supreme in the land.

Monarchy reaches the highest court

Even after the U.S. Supreme Court lifted Murphy’s nationwide block on third-country deportations in June, Murphy continued to insist that the Trump administration allow six illegal immigrant defendants to challenge their removal before deporting them to a third-party country.

That move even rankled liberal Justice Elena Kagan, who had initially sided with Murphy.

“I do not see how a district court can compel compliance with an order that this Court has stayed,” Kagan wrote, concurring with the majority that the deportations could proceed.

Yet not even the top court is immune to political activism, it seems.

In her dissent from the court's ruling against blanket injunctions, Justice Ketanji Brown Jackson, a Joe Biden appointee, described the majority’s decision as “profoundly dangerous.” In her view, containing temporary judicial relief to those requesting it somehow grants the president “unchecked, arbitrary power” and “undermines our constitutional system.”

Jackson’s words were acrimonious enough that Justice Amy Coney Barrett included a stinging rebuke in the court’s ruling.

“We will not dwell on Justice Jackson’s argument, which is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself,” Barrett wrote. “We observe only this: Justice Jackson decries an imperial executive while embracing an imperial judiciary.”

An imperial judiciary, indeed!

No, there are no kings in the United States — just a bunch of black-robed activists who seem to have forgotten the difference between “Your Honor” and “Your Majesty.”

This article was originally published by RealClearPolitics and made available via RealClearWire.

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Runaway judges, rogue rulings — and JD Vance is having none of it



Wall Street Journal columnist Kimberley Strassel recently launched an unexpectedly harsh attack on Vice President JD Vance in her piece, “Vance Courts Trouble for Trump.” Strassel took issue with Vance’s criticism of the Supreme Court — specifically Chief Justice John Roberts — for refusing to rein in lower courts that continue to block the president’s immigration enforcement efforts. Vance had condemned what he called the “profoundly wrong sentiment” that the judiciary exists to “check the excesses of the executive.” Strassel responded by warning Vance to stop bad-mouthing “Trump’s greatest legacy and biggest asset — the Supreme Court.”

But why should Trump muzzle his vice president? Why should he sit quietly while the very judges he fought tooth and nail to confirm — despite often violent opposition from the Democrats — now obstruct his efforts to secure the border and deport criminal aliens?

Yes, the Wall Street Journal prefers to cast itself as a centrist paper taking aim at both sides. But that posture doesn’t match the moment we’re in.

If Vance’s criticisms count as “political malpractice,” then so did the actions of several American presidents. Thomas Jefferson, for instance, pushed through the Judiciary Acts of 1801 and 1802, which cut the number of Supreme Court justices and stripped them of their circuit-riding duties. Jefferson acted to dismantle the Federalist “Midnight Appointments” rushed through by outgoing President John Adams.

In Marbury v. Madison (1803), the Supreme Court claimed the power of judicial review — something not granted by Article III of the Constitution, by the way. Even then, Chief Justice John Marshall, a staunch Federalist, stopped short of challenging Jefferson directly. He didn’t try to compel the president to seat William Marbury, the would-be justice of the peace Adams had appointed in his final hours. Marshall asserted the court’s authority but avoided provoking a constitutional crisis.

Today’s activist judges show no such restraint. Unlike Marshall, they challenge the executive branch at every turn — and always in one direction. Vance’s criticism doesn’t reflect political malpractice. It’s an overdue reality check.

We’re now dealing with a runaway judiciary. Democrat-appointed federal district judges continue to block lawful presidential functions for openly partisan reasons. It’s unclear what authority these judges claim when they prohibit Trump from deporting even violent criminal aliens — many of whom Democrats welcomed in to inflate future voter rolls.

Vance’s expectation — that the Supreme Court, especially the justices Trump fought to confirm, would step in to curb the excesses of lower courts — makes perfect sense. Contrary to Strassel’s framing, Vance isn’t succumbing to some reckless “temptation” by criticizing Chief Justice John Roberts and his Republican colleagues. He’s stating the obvious: The court’s failure to rein in rogue judges undermines the president’s constitutional authority.

Strassel’s shrug-it-off mentality — “win some, lose some” — won’t cut it here. This fight matters. Trump cannot afford to lose.

Consider the hypocrisy. Presidents Clinton and Obama removed removed multitudes of illegal aliens when doing so served their political interests. Back then, Democrats still courted blue-collar workers and didn’t want unskilled illegal labor undercutting their base. They didn’t insist on due process or invite obstruction from the courts. They acted decisively.

RELATED: Trump must defy rogue judges or risk a failed presidency

Photo by Win McNamee/Getty Images

Now, Strassel insists that Trump must accept lengthy hearings before removing even the most dangerous illegal aliens. That’s a formula for paralysis, not justice. Meanwhile, Democrat judges didn’t blink when the Biden administration opened the floodgates and allowed 10 to 20 million illegals to pour into the country. Trump has every right to expect that the Supreme Court — not least the justices he carried over the finish line — would finally restore order and let him carry out the mission he was elected to complete.

And enough with the double standard. The populist right gets lectured about decorum while the left ignores every rule with impunity. Democrats tried to pack the courts with ideologues, launched smear campaigns against nominees, and encouraged mobs to hound justices who ruled against them. Their media allies cheered them on and still call for removing conservative justices like Clarence Thomas any time the court hands down an opinion they dislike.

This isn’t a fair fight. The right is battling from behind, and Strassel’s call for restraint sounds almost unserious in this context. Yes, the Wall Street Journal prefers to cast itself as a centrist paper taking aim at both sides. But that posture doesn’t match the moment we’re in. Vance’s criticism didn’t go too far — it didn’t go far enough. His comments were mild, measured, and overdue. And if they rattled Strassel’s sensibilities, that says more about her perspective than his.