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Federal judges are illegally seizing power by blocking Trump’s policies.
In the weeks since President Trump took office, federal judges have arrogated to themselves the authority to control how the government spends money, whether the government can issue orders to government personnel and even the content displayed on government websites.
Federal judges have claimed that the White House can’t offer buyouts to federal employees, can’t fire political appointees from the previous administrations, can’t pause funding, can’t cut funds to government programs, can’t change formulas allocating government grants and also can’t remove transgender ideology from government websites put there by its predecessors.
And if the White House doesn’t even control government websites, what does it control?
Conversely, federal judges can control any and all of these things at their whim and will. And that means that they control everything and that actual elected officials control nothing at all.
In the aftermath of a landslide election, government unions have contended that the Department of Government Efficiency should not be able to access federal databases and that USAID and potentially other unwanted parts of the federal government cannot be restructured.
Federal judges have mostly agreed that the government ought to be run by judges for the benefit of government employees and that the people who elected Trump have no say in it.
After 60,000 federal employees accepted a proposed buyout, government unions sued arguing that they have no right to receive or accept such a buyout. Another federal judge agreed. Still more federal judges contended that the federal government had no right to pause appropriations to verify that they were not in conflict with Trump’s executive orders.
These judicial coups were masterminded by federal judges unilaterally deciding that Trump administration decisions that they disagree with lacked a basis. The lawsuit and decision forcing the restoration of transgender ideology content to HHS, CDC and FDA websites argued that the “removal decisions were ‘completely unreasoned’ and thus were not the product of reasoned decisionmaking.” The addition of such unscientific ideology to these websites in the first place however was surely “completely reasoned” and the product of “reasoned decisionmaking.”
Such things are in the eye of the beholder. The American people voted decisively against transgender ideology in the last election and even recent New York Times polls showed that a majority of Democrats now oppose transgender procedures being inflicted on minors.
A federal judge insisting that business continue as usual on transgenderism isn’t just overruling Trump, he’s overruling the American people. And that’s the real purpose of the coup.
The ruling relied on the Administrative Procedure Act which has been one of the leading tools used by federal judges to substitute their own worldview for that of the legally elected president.
Numerous lawsuits against the Trump administration have been filed under the Administrative Procedure Act, urging sympathetic federal judges to find Trump administration policies to be “arbitrary and capricious” based on their own dislike of them. But that’s an abuse of the APA.
The APA was not meant as a tool for allowing federal judges to govern from the shadows by wilfully overriding the executive branch in any matter that they pleased, but to rein in the power of unelected administrators and officials which FDR had described as threatening to “develop a fourth branch of government for which there is no sanction in the Constitution.”
The report by FDR’s Attorney General Frank Murphy, later a Supreme Court justice, which led directly to the APA, specifically stated that the committee drawing up the baseline for the APA was not concerned with “the wisdom or propriety of regulations promulgated by the agencies, not with the correctness of the decisions in individual cases.”