Last week, unelected district court judge Brian Murphy stated that the Trump administration requires the repatriation of illegal aliens who have been deported, emphasizing the need for a legitimate process, which he believes the administration has disregarded.
In a court filing on Wednesday, the Department of Justice (DOJ) announced its intention to recover illegal aliens as designated by the Initial OCG, following Murphy’s ruling that the administration had “overlooked” important steps in the removal procedure.
However, Trump should resist these unjust judges rather than submit to their authority.
Just last week, another district court judge ordered the Trump administration to continue allowing thousands of immigrants to remain under the parole program, enabling them to continue working in the U.S. Trump had sought to limit its use, claiming the Biden administration was misusing its authority to promote mass immigration.
Another unelected district court judge halted the administration from “making permanent changes to Harvard’s student visa program.” The administration aimed to revoke Harvard’s ability to accept international students, citing the university’s failure to address anti-Semitism on campus. Judge Alison Burrows issued a preliminary injunction permitting the school to continue enrolling foreign students.
All these judges are part of an inferior judiciary system established by Congress under Article 3 and Article 1. However, these individual judges have usurped the authority of the administrative division, attempting to suspend or overturn Trump’s actions since his inception in office. If this trend continues, it suggests the U.S. is no longer a government of three balanced branches. Instead, it operates under the dominance of one branch (the judiciary) wielding ultimate power.
This does not imply that Trump should disregard the courts; he should not treat them as nonexistent. However, Trump must restore constitutional order by rejecting the demands of rogue authorities posing as impartial adjudicators.
The founders never intended for one branch of government to overpower another. Thomas Jefferson clearly articulated this in an 1804 letter to Abigail Adams, stating, “In the Constitution, nothing has given them the right to decide for the sake of the executives.”
“Opinions that grant judges the authority to determine which laws are constitutional will render the judiciary a tyrannical branch, not only in their actions but also concerning Congress and executive powers,” Jefferson warned.
Jefferson expressed concern in a 1819 letter to Virginia’s Judge Spencer Lone that the Constitution would “merely be a wax nose in the hands of the judiciary.”
Trump is not being asked to ignore the courts; rather, he is being urged by unelected lower court judges to refuse unlawful encroachments on power. If Trump capitulates to these flawed rulings, it legitimizes the judicial coup that is undermining the nation, and America cannot afford that.
Brianna Lyman is a federalist election correspondent. She graduated from Fordham University with a degree in International Politics and Economics. Her work has been featured in Newsmax, Fox News, Fox Business, and RealClearPolitics. Follow Brianna on X: @Briannalyman2
Source: thefederalist.com