The courts are running the country — and Trump is letting it happen



One of the most consequential developments of 2025 has received far less scrutiny than it deserves: the steady surrender of executive authority to an unelected judiciary.

President Trump was elected to faithfully execute the laws of the United States, yet his administration increasingly behaves as if federal judges hold final authority over every major policy decision — including those squarely within the president’s constitutional and statutory powers.

Judicial supremacy thrives on abdication. It advances because presidents comply, lawmakers defer, and voters are told this arrangement is normal.

By backing down whenever district courts issue sweeping injunctions, the administration is reinforcing a dangerous precedent: that no executive action is legitimate until the judiciary permits it. That assumption has no basis in the Constitution, but it is rapidly becoming the governing norm.

The problem became unmistakable when federal judges began granting standing to abstract plaintiffs challenging Trump’s deployment of the National Guard to protect ICE agents under attack. Many assumed such cases would collapse on appeal. Instead, the Supreme Court last week declined to lift an injunction blocking the Guard’s deployment in Illinois, signaling that the judiciary now claims authority to second-guess core commander-in-chief decisions.

Over the dissent of Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch, the court allowed the Seventh Circuit’s decision to stand. That ruling held that violent attacks on ICE agents in Chicago did not amount to a “danger of rebellion” sufficient to justify Guard deployment and did not “significantly impede” the execution of federal immigration law.

That conclusion alone should alarm anyone who still believes in separation of powers.

No individual plaintiff alleged personal injury by a Guardsman. No constitutional rights were violated. The plaintiff was the state of Illinois itself, objecting to a political determination made by the president under statutory authority granted by Congress. Courts are not empowered to adjudicate such abstract disputes over executive judgment.

Even if judges disagree with the president’s assessment of the threat environment, their opinion carries no greater constitutional weight than his. The commander in chief is charged with executing the laws and protecting federal personnel. Courts are not.

If judges can decide who has standing, define the scope of their own authority, and then determine the limits of executive power, constitutional separation of powers collapses entirely. What remains is not judicial review but judicial supremacy.

And that is precisely what we are witnessing.

Courts now routinely insert themselves into immigration enforcement, national security decisions, tariff policy, federal grants, personnel disputes, and even the content of government websites. The unelected, life-tenured branch increasingly functions as a super-legislature and shadow executive, vetoing or mandating policy at will.

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What, then, remains for the people acting through elections?

If judges control immigration, spending, enforcement priorities, and foreign policy, why bother holding congressional or presidential elections at all? The Constitution’s framers never intended courts to serve as the ultimate policymakers. They were designed to be the weakest branch, confined to resolving concrete cases involving actual injuries.

Trump’s defenders often argue that patience and compliance will eventually produce favorable rulings. That belief is not only naïve — it is destructive.

For every narrow win Trump secures on appeal, the so-called institutionalist bloc on the court — Chief Justice John Roberts, Brett Kavanaugh, and Amy Coney Barrett — uses it to justify adverse outcomes elsewhere. Worse, because lower courts enjoin nearly every significant action, the administration rarely reaches the Supreme Court on clean constitutional grounds. The damage is done long before review occurs.

Consider the clearest example of all: the power of the purse.

Congress passed a budget reconciliation bill explicitly defunding Planned Parenthood. The bill cleared both chambers and was signed into law. Under the Constitution, appropriations decisions belong exclusively to Congress.

Yet multiple federal judges have enjoined that provision, effectively ordering the executive branch to continue sending taxpayer dollars to abortion providers in defiance of enacted law. Courts have not merely interpreted the statute; they have overridden it.

That raises an unavoidable question: Does the president have a duty to enforce the laws of Congress — or to obey judicial demands that contradict them?

Continuing to fund Planned Parenthood after Congress prohibited it is not neutrality. It is executive acquiescence to judicial nullification of legislative power.

The same pattern appears elsewhere.

Security clearances fall squarely within executive authority, yet the first Muslim federal judge recently attempted to block the president from denying clearance to a politically connected lawyer. Immigration, long recognized as a sovereign prerogative, has been transformed by courts into a maze of invented rights for noncitizens — including a supposed First Amendment right to remain in the country while promoting Hamas.

States fare no better. When West Virginia sought to ban artificial dyes from its food supply, an Obama-appointed federal judge intervened. When states enact laws complementing federal immigration enforcement, courts strike them down. But sanctuary laws that obstruct federal authority often receive judicial protection.

Heads, illegal aliens win. Tails, the people lose.

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What we are witnessing is adverse possession — squatter’s rights — of constitutional power. As Congress passes fewer laws and the executive hesitates to assert its authority, courts eagerly fill the vacuum. In 2025, Congress enacted fewer laws than in any year since at least 1989. Meanwhile, judges effectively “passed” nationwide policies affecting millions of Americans.

This did not happen overnight. Judicial supremacy thrives on abdication. It advances because presidents comply, lawmakers defer, and voters are told this arrangement is normal.

It is not.

Trump cannot comply his way out of this crisis. No president can. A system in which courts claim final authority over every function of government is incompatible with republican self-rule.

The Constitution does not enforce itself. Separation of powers exists only if each branch is willing to defend its role.

Right now, the presidency is failing that test.

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Judges break the law to stop Trump from enforcing it



Nearly 30 years ago, Congress recognized that the country could not litigate its way out of an immigration crisis.

As part of the Illegal Immigration Reform and Immigrant Responsibility Act, bipartisan majorities created expedited removal for anyone who failed to prove two years of physical presence in the United States. Anticipating a cottage industry of defense attorneys forcing the government to prove duration of unlawful stay, Congress also stripped federal courts of jurisdiction to review expedited removal orders.

At some point, the executive must defend not only its own authority but Congress’ authority to restrain the courts.

Three decades passed with little enforcement. Now, after that long dormancy, federal judges have begun reviewing cases they have no statutory authority to hear and are attempting to block President Trump from using expedited removal nationwide.

Over the line

On November 22, the U.S. Court of Appeals for the D.C. Circuit refused the Justice Department’s request for a stay in Make the Road New York v. Noem. The case challenges Trump’s policy expanding expedited removal to illegal aliens apprehended anywhere in the country, provided they cannot prove two years of continuous presence. Administrations since the 1990s ignored the statute and limited expedited removal to aliens caught at or near the border.

A district judge, despite clear statutory limits, reviewed the case and issued an injunction against most uses of expedited removal. That move set the stage for this week’s order from the D.C. Circuit — another step in a long pattern of courts seizing authority Congress explicitly withheld.

A watershed moment

The Supreme Court recently upheld the administration’s use of the Alien Enemies Act to quickly remove alien gang members. That ruling helped, but it cannot resolve the broader problem: Most illegal entrants do not fall into the “enemy combatant” category. If every non-gang-member can exhaust layer after layer of due process after invading our country, immigration enforcement collapses under its own weight.

But the central issue in this dispute is not due process at all. The decisive point is that IRAIRA explicitly authorizes expedited removal anywhere in the country and explicitly bars the federal courts from issuing “declaratory, injunctive, or other equitable relief” in any action challenging an expedited removal order.

The lone exception applies to aliens who can prove, by a preponderance of the evidence, that they possess a lawful right to remain — such as a granted asylum application. Even then, Congress set a firm 60-day window to bring such a claim. The plaintiffs in this case missed that deadline.

This challenge does not implicate the validity of an executive action. It represents a double violation of statute: courts ignoring the law that authorizes expedited removal and ignoring the law that strips them of jurisdiction to review it. Congress anticipated this exact scenario and barred it.

What Congress must do

Congress holds plenary authority over immigration and total authority over the structure and jurisdiction of federal courts. Only adjudication of a specific case lies beyond congressional reach. As Justice Clarence Thomas wrote in Patchak v. Zinke, “When Congress strips federal courts of jurisdiction, it exercises a valid legislative power no less than when it lays taxes, coins money, declares war, or invokes any other power that the Constitution grants it.”

If judges can decide every political question, define the scope of their own power, override Congress’ limits, and bind the executive even when Congress lawfully precludes them from hearing a case, the separation of powers collapses. At some point, the executive must defend not only its own authority but Congress’ authority to restrain the courts.

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Just say ‘no’

Many of us have called for broader statutes stripping courts of jurisdiction over deportation. But that effort means nothing if judges can simply declare those statutes unconstitutional. Judicial supremacism has no end when the executive enforces judicial usurpation against itself.

That dynamic played out again last week. A federal judge ruled that ICE may not arrest illegal aliens solely for being in the country unlawfully unless agents obtain a warrant or prove a specific flight risk — an order that contradicts decades of law. In another case, Judge Sunshine Suzanne Sykes in California certified a class granting relief to migrants who “have entered or will enter the United States without inspection” as well as those not initially detained after crossing the border.

A government that treats judicial decrees as binding even when Congress denies jurisdiction invites a permanent veto from judges over immigration enforcement. It won’t stop until the president simply says no.

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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.

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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.

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