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The speaker asserts that judges are acting as partisan activists and attempting to dictate policy to the President, thereby slowing the administration's agenda. There is a concerted effort by the far left to judge shop and pick judges who will derail the President's agenda. The administration will comply with court orders and continue to fight these battles in court. These judges are usurping the will of the President and undermining the will of the millions of Americans who elected him to implement his policies.

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The speaker believes there's a constitutional crisis caused by district court judges setting broad federal policy, which is the president's job. These judges should be settling specific matters, not setting policy. The speaker agrees with Vance and Trump on this issue. The speaker does not want individual federal judges who hate Donald Trump to tie him up for four years. Big policy questions should be decided by the Supreme Court, but in the interim, the executive has to be allowed to govern.

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I want to address the dishonest narrative that's been emerging. Many outlets are fear-mongering the American people into believing there is a constitutional crisis taking place here at the White House, but the real constitutional crisis is taking place within our judicial branch. District court judges in liberal districts across the country are abusing their power to unilaterally block President Trump's basic executive authority. These judges are acting as judicial activists rather than honest arbiters of the law. They have issued at least 12 injunctions against this administration in the past fourteen days, often without citing any evidence or grounds for their lawsuits. This is a concerted effort by Democrat activists and nothing more than the continuation of the weaponization of justice against President Trump. We will comply with the law in the courts, but we will also continue to seek every legal remedy to ultimately overturn these radical injunctions and ensure President Trump's policies can be enacted.

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The speaker states that President Trump stands by his call to impeach Judge Bozeman, despite Chief Justice Roberts' comments. The administration believes a single district court judge cannot assume the powers of the commander in chief, as it requires agreement from five Supreme Court justices to change federal policy. The speaker claims that a single district court judge out of 700 cannot set policy for the entire nation, especially on national security and public safety issues. The speaker asserts that President Trump respects Justice Roberts but believes the Supreme Court must stop the assault on democracy from radical rogue judges who are usurping presidential powers and destroying the constitutional system.

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The speaker states the president stands by his comments, as does the entire administration. They claim a democracy cannot exist if a single district court judge can assume the powers of the commander in chief. They contrast this with the Supreme Court, where it takes five justices to change federal policy. The speaker asserts that a single district court judge out of 700 cannot set policy for the entire nation, especially on national security and public safety issues. The president has tremendous respect for Justice Roberts and believes the Supreme Court should crack down and stop the assault on democracy from radical rogue judges. These judges are allegedly usurping the powers of the presidency and laying waste to the constitutional system.

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The speaker believes recent rulings and actions from the FDA and Congress are egregious overreaches by right-wing Republican-appointed judges, whose goal was to pack the courts with partisan and unqualified individuals. They claim this has been anticipated and that Senator Ron Wyden has advised a course of action, which the speaker supports: the Biden administration should ignore the ruling. The speaker argues the courts rely on their legitimacy, which they are undermining through partisan and unfounded rulings, thus eroding their own enforcement power.

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Republicans are accusing judges of exceeding their powers and issuing nationwide injunctions. According to Republicans, these judges' constitutional powers are not superior to the president or Congress. House and Senate Republicans are writing bills to limit the reach of these rulings, hoping to send a message to what they call "rogue judges" who obstruct President Trump's agenda. Democrats are calling this effort bullying, suggesting it's an attempt to influence judges' decisions.

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According to the speaker, certain judges are a tool used by Democrats, the ACLU, Marxists, leftists, and the deep state to control America regardless of elections. These judges will allegedly obstruct the president through frivolous lawsuits and unjustified findings. Each judge supposedly claims nationwide power, usurping the power of the presidency. The speaker claims these judges are defending America's "bad guys," helping them steal, pillage, rape, and kill, and freeing those who loot the country, money, liberty, and elections. The speaker believes these judges see themselves as the new presidents, but they have zero power.

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The speakers discuss the role of different government branches in interpreting the law, with Speaker 1 emphasizing that the judiciary has the final say, not legislators, everyday people, or the president. Speaker 1 expresses concern that institutions are being undermined, with the legislative branch failing to check the president. They argue that disregarding judicial orders, even if disliked, erodes the rule of law, using hypothetical scenarios involving presidential executive orders, election ballot access, and prosecutorial overreach to illustrate potential problems. Speaker 0 notes the irony of representatives who previously supported impeachment now criticizing similar actions, and emphasizes that the hearing should focus on the court's ability to function as intended, not on impeachment.

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The House and Senate Judiciary Committees should hold intellectual hearings to argue that the founding fathers never wanted radical judges interposing themselves between elected officials and their own views. The committees should also bring in the "weirdest" judges to explain under oath the constitutional basis for their decisions. Congress should consider impeaching judges or abolishing their courts, and also consider dramatically cutting the judicial system's budget. According to Hamilton, courts cannot win a fight with the legislative and executive branches because those branches control the money and power. A recent poll from America's New Majority Project found that 81% of Americans believe the federal government is corrupt. The House and Senate have an obligation to interrogate judges, understand constitutional boundaries, look at historic precedent, and abolish courts or cease paying for them if necessary. The current situation is a direct threat to American self-government.

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A senator questions a witness about universal injunctions, which are court orders affecting parties beyond the specific case. The witness admits there's no statutory or Supreme Court basis for them. The senator suggests these injunctions circumvent the need for class action lawsuits. The witness agrees that universal injunctions encourage forum shopping, where plaintiffs seek favorable judges to enjoin policies nationwide. The senator states universal injunctions were unknown in English common law and cites that only about 27 were issued in the 20th century, but 86 were issued against President Trump in his first term, and 30 so far in his second. The senator suggests universal injunctions have become a weapon against the Trump administration. The witness confirms Article Three doesn't mention universal injunctions, and the senator proposes Congress could limit judges' power to impact those outside their courtroom, suggesting class actions as the appropriate mechanism.

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A majority of Americans believe no single district judge should be allowed to issue a nationwide injunction. According to the speaker, this is a judicial coup d'etat, with judges issuing nationwide injunctions from the same political background to stop the changes President Trump represents. While some issues should be addressed in Congress, micromanaging the executive branch on national security by single judges is inappropriate. These judges have no standing, knowledge, or awareness of the consequences, and they endanger Americans and the nation by acting as alternative presidents, of which there could be 677, none of whom were elected.

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The Trump administration's attorney argues injunctions are a bipartisan problem spanning five presidential administrations. Universal injunctions exceed judicial power granted in Article III, which should only address injury to the complaining party. They transgress the traditional balance of equitable authority and create practical problems. Universal injunctions prevent the percolation of novel and difficult legal questions and encourage rampant forum shopping. Judges are required to make rushed, high-stakes, low-information decisions. They create confrontations between the life-tenured and representative branches of government and disrupt the Constitution's separation of powers.

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A senator accuses Democrat colleagues of hypocrisy regarding the rule of law, citing their past support for a "lawless" and "politically weaponized" Department of Justice. They claim Democrats didn't care about violent protests outside Supreme Court justices' homes, alleging the Attorney General agreed with the protesters to intimidate judges. The senator questions a professor about the roles of voters, elected representatives, and judges in elections and policy decisions. The senator asserts that federal courts do not have the power to issue remedies for people who are not parties to a case and that "nationwide injunction" is not in the constitution. The senator states that there were zero nationwide injunctions in the first 150 years of the republic, 27 in the 20th century, and 32 between 2001 and 2024. They claim 37 nationwide injunctions have been issued in the last two months alone against President Trump. The senator accuses Democrats of "lawfare" by indicting Trump and now seeking out radical judges to shut down policies through forum shopping. They allege a judge ignored US immigration law to keep "murderers and rapists and gang members" in communities, and that nationwide injunctions are an abuse of power.

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There is a potential constitutional crisis involving the judicial branch overriding the legislative and executive branches. 15 district judges seized control of executive branch duties via nationwide injunctions in the current presidency's first six weeks, potentially a judicial coup d'etat. In the past, President Jefferson and Congress abolished courts via the Judiciary Act of 1802. From 2001 to 2023, district courts ordered 96 nationwide injunctions, with 64 during President Trump's time in office. 92% of injunctions against President Trump were issued by judges appointed by Democratic presidents. Since 01/20/2025, lower courts have imposed 15 nationwide injunctions against the current Trump administration, compared to six during George W. Bush's eight years, twelve during Barack Obama's eight years, and 14 during Joe Biden's four year term. The courts have often been challenged, as seen with Presidents Jefferson, Jackson, and Lincoln. The legislative and executive branches can defend their rights, as the Judiciary Act of 1802 proves. The Supreme Court could intervene by suspending nationwide injunctions and immediately taking them up. Congress and the President can take steps to bring the judiciary back into a constitutional framework through hearings and legislation like the "No Road Rulings Act."

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The Supreme Court is overstepping its authority, granting the president unchecked power and restricting Congress's ability to oversee agencies. This undermines our democracy. However, the courts remain a crucial bulwark of our constitutional framework. They retain the power to hold anyone in contempt for disobeying lawful court orders. Therefore, the courts are our current best hope for maintaining our constitutional structure.

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President Trump has considered suspending habeas corpus to address illegal immigration, citing the Constitution, which allows it during an invasion. The speaker claims Congress passed the Immigration Nationality Act, stripping Article Three courts of jurisdiction over immigration cases. As an example, the speaker cites Temporary Protected Status (TPS), claiming courts are barred from overruling presidential or secretarial determinations on TPS. When the Secretary of Homeland Security terminated TPS, and courts intervened, the speaker alleges they violated congressional language explicitly stripping them of jurisdiction. The speaker concludes that the courts are at odds with both the executive and legislative branches.

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There's a constitutional crisis happening within our judicial branch. District court judges in liberal districts are overstepping their bounds, blocking my executive authority. These aren't honest arbiters; they're judicial activists. In just two weeks, they've issued at least a dozen injunctions against my administration, often without any real basis. This is a coordinated effort by Democrat activists, a continuation of the weaponization of justice against me. These liberal judges need a reality check. 77 million Americans voted for me, and these injunctions are abuses of the law, attempts to subvert the will of the people. We'll comply with the law and the courts, but we'll fight these radical injunctions through every legal avenue to ensure my policies are enacted.

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In the last 24 hours, federal judges have ordered the Trump administration to bring back an illegal alien from El Salvador, restore funds to schools practicing DEI, restore funds to sanctuary cities, and drop the proof of citizenship mandate for voter registration. One speaker suggests Democrats are using the courts because they lost the presidential election, including the popular vote. They claim Democrats' "last attempt before they go to full on violence is let's try and do it in the courts." They also allege that "swampy Republicans" and "rhinos" are complicit because they benefit from the current system. They believe these individuals want to maintain the status quo and control everything, using judges to obstruct changes. They state that the only democracy under attack is their bureaucracy.

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The speaker addresses board rulings concerning fire and provisionary workers, stating the administration will "fight back" against an injunction they believe is unconstitutional. They claim a low-level district court judge cannot usurp the executive authority of the President. The speaker asserts the President has the authority to fire employees, and lower-level judges are attempting to block the President's agenda. They cite a statistic claiming 15 injunctions against the administration occurred in February alone, compared to 14 in three years under the Biden administration, alleging judicial activists are trying to block the President's executive authority. The speaker references President Trump's legal team's fighting back, emphasizing that indictments and injunctions have been unconstitutional and unfair, led by partisan activists attempting to usurp the President's will.

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Nationwide injunctions occur when a district court judge blocks a law or order from being implemented nationwide, despite their jurisdiction typically covering only one state or part of one state. These injunctions were once uncommon, with six issued during George W. Bush's presidency and twelve during Obama's. However, their frequency increased significantly during Donald Trump's first term, with 64 being issued. At the current rate, this number could be surpassed in the first year of a second Trump term.

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Speaker 0 states that there are people who believe we are in an assault on the constitutional order and asks whether we are currently experiencing a constitutional crisis. Yes, he answers, our democracy is at risk because Donald Trump shows that he wishes to violate the laws in many, many different ways. He notes the positive counterpoint: the good news is that 235 judges, progressive judges, judges not under the control of Trump, were put on the bench last year, and they are ruling against Trump time after time after time. Speaker 0 then adds that they hope the appellate courts, when the cases rise to that level and ultimately reach the Supreme Court, will uphold those rulings. He mentions concrete actions tied to this judiciary effort: they restored the money to NIH, and they required that 8,000 employ federal employees have to come back. He emphasizes the scope of legal challenges by stating, “We’re in over a 100 lawsuits against them, and we are having a good deal of success.” He concludes by clarifying the current stage of these legal battles: “It’s only at the lower court level right now.”

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The speaker claims Joe Biden is mentally incompetent and not running the country. They state that a president is elected by the whole American people, unlike judges or members of congress. According to the vesting clause, the executive power is vested in the president. The speaker believes the existential threat to democracy is the unelected bureaucracy of lifetime tenured civil servants who defy the will of the American people. They allege these bureaucrats believe they answer to no one and can do whatever they want without consequence, setting their own agenda regardless of how Americans vote. The speaker asserts that President Trump is removing federal bureaucrats who are defying democracy by failing to implement his lawful orders, which represent the will of the whole American people.

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Individual judges have abused the system by issuing nationwide injunctions to stop President Trump's agenda. Statistics show that 67% of all national injunctions issued over the last 100 years have been against Donald J. Trump. 92% of those injunctions were issued by Democrat-appointed judges. This must be stopped.

The Rubin Report

Legal Expert Explains If Trump or the Courts Are Right | Josh Hammer
Guests: Josh Hammer
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In a recent episode of The Rubin Report, host Dave Rubin and guest Josh Hammer discussed the concept of a constitutional crisis, particularly in relation to the judiciary's role and its limitations. Hammer emphasized that while there are legal crises, the judiciary's power is often misunderstood, as judges cannot halt entire government programs. He referenced historical cases, including Lincoln's defiance of the Dred Scott decision, to illustrate that judicial power is not absolute. Hammer argued that the Supreme Court must clarify that nationwide injunctions are unconstitutional to prevent judicial overreach. The conversation shifted to the geopolitical implications of Israel and the Jewish people, especially following the October 7th attacks. Hammer expressed concern over the reaction to these events, noting a tendency to blame the victims. He articulated that the Jewish state represents a crucial element of Western civilization, which is under threat from various forces, including wokeism, Islamism, and global neoliberalism. Hammer contended that the survival of Western values is intertwined with the defense of Israel, as attacks on Jews often precede broader assaults on Western society. They concluded by discussing the future of the West, with Hammer expressing optimism about America's potential to navigate these challenges, particularly under strong leadership. He highlighted the importance of reaffirming Judeo-Christian values in the public square to counteract the threats facing civilization today.
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