There is a judicial coup underway in this country. The presidency cannot remain functional if it is core powers are subject to the whims of rogue judges.
On Wednesday, the Trump administration announced it was processing the family of Mohamed Soliman — the radical Islamist who allegedly set Jewish demonstrators ablaze in Boulder on Sunday — for removal from the country. Then came the order from a rogue judge blocking the administration.
Judge Gordon Gallagher’s two-page order halting the removal of Soliman’s wife and five children — all illegal aliens, according to Stephen Miller — isn’t merely a misapplication of justice. It is a direct assault on the executive branch’s constitutional authority. And if President Donald Trump continues to treat these rogue judicial decrees as legitimate, he not only cedes national security to ideological partisans in black robes — he permits a full-blown constitutional crisis to fester unchecked.
On Wednesday, Department of Homeland Security Secretary Kristi Noem announced that DHS and Immigration and Customs Enforcement (ICE) “have taken the family of suspected Boulder, Colorado terrorist, and illegal alien, Mohamed Soliman, into ICE custody.”
But within hours, Gallagher issued an order stating the Trump administration “SHALL NOT REMOVE Hayem El Gamal and her five children from the District of Colorado or the United States unless or until this Court or the Court of Appeals for the Tenth Circuit vacates this Order.”
But if a president cannot remove from the country illegal aliens with direct familial ties to a suspected terrorist charged with a federal hate crime and attempted murder on U.S. soil, then he is merely administering policies subject to veto by any unelected judge who decides to intervene.
For the past six months, unelected judges — members of the inferior judiciary — have taken it upon themselves to claim powers the Constitution never granted them: the power to dictate national security decisions, override immigration enforcement, and effectively paralyze the executive branch. The Founders foresaw such a constitutional crisis — which is why they created a government of three, co-equal branches. But if one branch needs approval from another branch for everything it does, then that’s not a balance of power, it’s judicial supremacy.