On Thursday, Josh Hammer, the Senior Counsel of the Article III Project, was a guest on The War Room with Steve Bannon.
Since entering office in January, President Trump has faced what Hammer calls “a left-wing lower-court judicial insurrection.”
This is similar to how the communist left attacked him using a cadre of radical activist judges his first time in office.
As The Gateway Pundit reported earlier, the Supreme Court finally stepped in to block one of these judicial activists for the first time.
Chief Justice Roberts temporarily stopped Judge Amir Ali’s midnight deadline and halted his order forcing the Trump Admin to pay $2 billion in foreign contracts.
On Thursday, Josh Hammer described how these radical judges are attempting to shut down the Trump administration with their likely coordinated judicial activism.
Josh Hammer: Great to be back with you, first of all. Last night, Chief Justice John Roberts of the United States Supreme Court basically stepped in for the first time, from what I can tell, to finally swat down one of these lower-court judicial insurrectionists who was trying to bring the entirety of the Trump administration to a halt.
What I put on X was I said, “Chief Justice Roberts to lower-court judicial insurrection, FAFO,” which I’m not going to say a bad word on air, Steve, but F around and find out. That’s basically what it’s saying there. This is what many of us have been calling for for weeks.
Let me just lay the scene briefly here. What we’re seeing is not just judicial activism, Steve. I used the words very carefully there. I mean, this is a full-on judicial insurrection, going back to the very first days of this administration in power.
By the way, those of us with a long enough memory to remember the first Trump administration. This is nothing new.
The first Trump administration from 2017 to 2021, faced, by my count, I believe, it was 65 so-called nationwide injunctions, which, by the way, is more than the first 44 presidents of the United States combined, literally in all of American history, faced there.
They basically picked up in January, just last month, as if they hadn’t lost a beat over the past four years. Whether it’s a judge in Washington State or Ohio or Washington DC or Florida, or Hawaii, the notion that you can issue a TRO, a temporary restraining order, and thereby try to bring a federal executive branch policy and executive order to halt. It’s completely anathema. It’s bat-crap crazy. That’s not how the separation of powers works.
A very fundamental 35,000-foot altitude view. The judicial power of which Article 3, Section 1, Clause 1, the Constitution speaks, Steve, is the power to render a judgment in a case or controversy, A.K.A to rule on the parties before you in court.
The notion that you can then bring the entire executive branch to heal. Well, Thomas Jefferson, for instance, he famously described this in an 1804 letter to Abigail Adams as making the judiciary a despotic branch.
This is what Abraham Lincoln railed on and on against. He famously, in his first inaugural address in March of 1861, said that the candid citizen must confess that he who allows the final decisions in constitutional law to be decided by that eminent tribunal, he’s referring to the Supreme Court, but the judiciary in general, he said that that would be to basically allow us to cease to be our own rulers there.
So, this is all coming to a halt, and it’s about time that the Supreme Court finally, finally, finally swatted away. Now, this exact case that Chief Justice Roberts stepped in last night, it’s from Washington, DC. It’s from a district Court judge by the name of Amir Ali.
The so-called temporary restraining order in question basically would purport to require the Trump administration to continue the slush fund of all foreign contracts and contractors billions of billions of dollars when it comes to the State Department and USAID.
The problem, Steve, there’s a lot of problems here. There’s all what I just said. But even on these specifics here, you can’t even issue a temporary restraining order when it comes to an executive order in the first place.
That’s actually not how administrative law works. If you want to go there, you need a final agency action from, let’s call it the State Department there. That didn’t happen here. They’re trying to sue just an executive order. So it’s wrong on the actual substantive underlying law as well.
But the broader point is the more important ones,
I think, which is, I think, I predict, and I really hope that this is going to be the beginning of a more active SCOTAS, of a more active nine justice on the Supreme Court that are going to get more involved in patrolling and policing this lower Court judicial insurrection, which they have every power in the world to do.
The Supreme Court of the United States is the only court in the country that is literally established by the Constitution, so it’s the only one that is required. All the other lower courts basically just exist at Congress’s discretion there.
It’s implicit in that understanding there and that hierarchy and that structure that SCOTUS has the power to swat down all of these lower court administrative stays, temporary restraining orders, preliminary injunctions, whatever legalese they want to call it there.
They can and they must get involved when these lower courts exceed their legitimate jurisdiction.
The big question, and I’ll end on this, the big question here is, when will SCOTUS hear a direct challenge to the entire practice of these so-called nationwide injunctions in the first place?
These so-called nationwide injunctions are completely unconstitutional. It is not part of the judicial power of Article 3. It is an illegitimate remedy there. It hamstrung the Trump administration the first time around. I fear Steve, my fear is that unless and until SCOTUS directly weighs in on this, and the DOJ, the acting solicitor general of the United States, Sarah Harris, they can get that petition nicely teed up, God willing.
But unless and until SCOTUS cleanly rules that the lower courts cannot do this, they cannot bring the entirety of the executive branch to a breaching halt with one puny little one paragraph order in some random judicial chambers out in Hawaii, whatever there, unless and until they do that, we risk letting this whole second Trump administration get away, I fear.
This was well worth your time to gain an understanding of what these lawless judicial insurrectionists are doing to our country.
They must be stopped.
Everyone in the country knows this is against the US Constitution. It’s time for SCOTUS to act.
Video Via The War Room.
The post Josh Hammer Perfectly Describes the ‘Judicial Insurrectionists’ Attempting to Shut Down Trump Admin – These Radical Leftist Judges Filed More Nationwide Injunctions Against Trump that ALL PREVIOUS PRESIDENTS COMBINED! (VIDEO) appeared first on The Gateway Pundit.