Thursday, May 15, 2025
Street Wise Politics
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Trump Takes Battle Against Activist Judges to SCOTUS

For far too long, activist judges have arrogantly wielded the gavel to rewrite America’s laws from the bench. This week, President Trump’s Justice Department is taking the fight directly to the Supreme Court, seeking to end the judicial tyranny that has repeatedly obstructed the will of the American people. At the heart of this showdown is the President’s bold action on birthright citizenship, one of the signature America First policies designed to restore sanity and common sense to a broken immigration system.

President Trump’s executive order, “Protecting the Meaning and Value of American Citizenship,” is simple and straightforward: no longer should citizenship be automatically granted to the children of individuals who enter our country illegally or are merely passing through. For decades, the radical Left has exploited the Fourteenth Amendment, twisting its meaning far beyond the intent of those who drafted it. Trump’s policy aims to restore the original understanding—that American citizenship is a precious right, not an automatic giveaway.

Predictably, activist judges from a few liberal enclaves rushed to block Trump’s policy. District courts in Massachusetts, Maryland, Washington D.C., Northern California, and Western Washington have issued a staggering thirty-five nationwide injunctions against Trump administration policies. From immigration reform to rolling back the bloated federal bureaucracy, these judges have become the Left’s preferred weapon for undermining a conservative president elected by the American people. This judicial activism is not just unprecedented; it’s a direct attack on the separation of powers enshrined in our Constitution.

The Trump administration’s move to the Supreme Court isn’t just about birthright citizenship—it’s about restoring constitutional balance. Solicitor General John Sauer made this abundantly clear in his April 7 filing, stating: “For the first 170 years of American jurisprudence, nationwide injunctions were virtually unknown. Their use remained sparing until this century, when they saw a dramatic upsurge in 2017, followed by an explosion in the last three months.” Sauer further warned, “These injunctions exceed the district courts’ authority under Article III and gravely encroach on the President’s executive power under Article II. This Court’s intervention is urgently needed to restore the constitutional balance of separated powers.”

For the first 170 years of American jurisprudence, nationwide injunctions were virtually unknown, Solicitor General John Sauer wrote in an April 7 filing. Their use remained sparing until this century, when they saw a dramatic upsurge in 2017, followed by an explosion in the last three months.

Should the Supreme Court side with the Trump administration, it would send a powerful message to these rogue judges: the Constitution matters. Hans von Spakovsky of the Heritage Foundation told The Daily Wire that the justices appear ready to confront this judicial overreach head-on. He noted that scheduling arguments past the Court’s usual deadline shows how seriously they’re taking this case. Von Spakovsky pointed to the Supreme Court’s own precedent in U.S. v. Mendoza (1984), which affirmed that judgments against the government must apply only to parties involved in a lawsuit—not the entire nation.

However, if the Court fails to rein in these activist judges, the consequences could be disastrous. Von Spakovsky cautioned that a loss for Trump would be akin to “opening the gates to a rock concert and letting the crowd just rush in without giving tickets,” emboldening leftist judges to continue issuing nationwide injunctions against virtually every conservative policy.

The stakes couldn’t be clearer: either America restores constitutional order, or we continue down the path of judicial activism that undermines our democracy. This case is not merely about one policy, but about the very fabric of our republic. President Trump was elected to enact an America First agenda—secure borders, fair trade, revived manufacturing, and an end to endless foreign wars. Judicial tyranny threatens all of these priorities.

The Supreme Court now has a choice: uphold the Constitution and the rule of law, or allow activist judges to continue imposing their radical ideology on the American people. For conservatives, the choice is obvious. It’s time to end judicial overreach once and for all and put America First.

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