With federal judges having posed a clear and present obstacle to President Trump’s efforts to increase US security by overhauling existing migration policies, Trump’s administration is now set to limit the power of appointed judges who have continuously opposed his plans.
Trump has referred to some of these judges as “Obama Judges,” for what he sees as a partisan agenda and loyalty to who appointed them.
The new plan would drastically limit judges’ ability to issue nationwide injunctions, such as the ones used to obstruct Trump’s immigration policies.
Earlier in the week, Vice President Pence discussed the repeated injunctions against the Trump administration, noting, “this era of judicial activism must come to an end.”
“The Supreme Court of the United States must clarify that district judges can decide no more than the cases before them,” said Pence, echoing sentiments from conservatives and President Trump, himself, regarding the obstruction coming from activist judges.
Throughout his administration, Trump has sought to change the landscape of the federal judiciary, appointing over 100 new judges and appointing two Supreme Court Justices.
From The Hill:
President Trump is looking to stop lower courts from being able to issue wide-ranging injunctions in a move that could dramatically limit the authority of judges.
The plan comes as groups opposed to Trump have been able to get several of his policies, including those seeking to limit immigration, put on hold by nationwide orders issued by lower courts in battles that were eventually decided by the Supreme Court.
Advocacy groups that have pushed judges to issue nationwide injunctions say they are necessary to protect people from policies they see as harmful, and some legal experts agree, arguing that the right to issue such actions is protected under the Constitution.
But opponents argue that injunctions should be applied more narrowly to groups that are directly impacted, saying the more liberal use of injunctions is hurting the judicial system.
Vice President Pence this week brought the issue front and center, saying in a speech to the conservative Federalist Society that the administration has been “unfairly” targeted by injunctions — and promising to unveil in coming days pathways to put the issue before the Supreme Court.
“So I say to all those gathered here: For the sake of our liberty, our security, our prosperity and the separation of powers, this era of judicial activism must come to an end,” Pence said. “The Supreme Court of the United States must clarify that district judges can decide no more than the cases before them.”
Pursuing an end to nationwide injunctions would mark the latest attempt by President Trump to shape the federal courts after getting two Supreme Court justices confirmed and more than 100 of his judicial picks installed by the Senate.