House Passes Bill To Reign In ‘Activist’ Judges Thwarting Trump’s Agenda
The U.S. House of Representatives on Wednesday passed a bill to limit the ability of federal district judges to block the Trump Administration’s agenda on a national scale.
The No Rogue Rulings Act, which was introduced by Rep. Darrell Issa (R-CA), would restrict the power of district courts to issue nationwide injunctions. District judges both in Washington D.C. and across the country have issued a record number of injunctions against the Trump Administration over the last two months, which has routinely limited or delayed the administration’s agenda.
In one recent example, a federal judge in D.C. blocked the administration from invoking the Alien Enemies Act of 1798, which allows for the swift detention and deportation of individuals with ties to foreign criminal organizations. The Obama-appointed judge even attempted to order the administration to return a flight filled with violent Venezuelan gang members while it was already in the air.
The U.S. Supreme Court overturned the ruling earlier this week in what was the most significant court victory of Trump’s second term in the White House thus far.
Issa’s bill would require judges to focus the scope of their rulings on the parties directly affected in the cases brought before them rather than having the ability to block policies nationwide. The bill passed in the House on Wednesday largely along partisan lines, with just one Republican and all 212 Democrats voting against.
Issa was not expecting much support from Democrats, though he noted that former solicitor general Elizabeth Prelogar issued her own critiques of the power of district courts during the Biden Administration.
Rep. Derek Schmidt (R-KS) introduced an amendment to the bill aimed at limiting plaintiffs’ ability to “judge shop” cases to favorable districts. “A lot of things get called commonsense around here, but this one genuinely is,” Schmidt told Fox News before the vote.
“The basic policy of trying to rein in the overuse of nationwide injunctions was supported by Democrats before. It’s supported by Republicans now, and I’m hoping [this vote will] be supported by both,” he added.
Rep. Lance Gooden (R-TX) praised the legislation as a necessary step towards reigning in judges who have displayed political bias. “Many Democrat-appointed lower court judges have conducted themselves like activist liberal lawyers in robes while attempting to stop President Trump’s nationwide reforms. The No Rogue Rulings Act limits this unchecked power,” he said.
A handful of House Republicans have introduced legislation aimed at impeaching individual judges who have issued questionable rulings against the Trump Administration. House GOP leaders opted for a different route, however, instead preferring legislation that would solve the problem as a whole.
Rep. Marlin Stutzman (R-IA), who supported the impeachment efforts, described Wednesday’s vote as a suitable solution to what the caucus near unanimously views as a major issue. “The judicial vendetta against President Trump’s agenda needs to be checked. Nationwide injunctions by activists judges have stood in the way of the American people’s will and in come cases their safety, since the President was sworn into office,” the House Republican told Fox News.
While Issa’s bill has cleared the House, it faces an uncertain future in the Senate, as it will require support from multiple Democrats in order to clear the upper chamber’s 60-vote threshold.