LAWRENCE MAGLIO
NEW YORK NEW YORK
Cont. from page one... MARIA BARTIROMO "SIDELINED" BY FOX By Lawrence Maglio
JUDICIAL OBSTRUCTION, THE POLITICIZATION OF THE JUDICIARY
JUDICIAL OBSTRUCTION
The Politicization of the Judiciary
Larry Maglio
If anything is clear to reasonable people, not suffering from Trump (TDS) Derangement Syndrome, President Trump has his hands full. Having been cheated out of victory in the 2020 election, forced to fight scurrilous criminal charges that could have potentially put him in jail for the rest of his life, and successfully having waged a campaign for a second term, President Trump has risen from the ashes as a sort of superhero figure. Now he gets to wage the big battle-saving a country that has been in decline on every level, culturally, economically, and politically.
On January 20th, he came out of the gate running, at a supersonic speed, to push his agenda of reversing the damage that four years of the Biden Administration had inflicted on the American people and our governmental system itself.
After the anti-American left caught their breath, they realized all the progress President Trump was making in the first 30 days in office and went into a panic. In reaction and alarm, they reflexively reverted to the tactics they had used in the past and employed that branch of government, the judiciary, to curtail his moving forward with his agenda as promised to the American people. Top of the list was the restoration of border security and the deportation of illegal aliens.
The left’s reaction, and use of the courts, was understandable, if not predictable, since they have used the courts to effect the changes they wanted when legislation was difficult to enact when trying to meet their goals and agenda. One example was the Chevron Deference doctrine in which the federal courts were required to defer to federal agencies' interpretations of ambiguous or unclear statutes instead of the courts imposing their own interpretation. This doctrine may have benefited the Democrats; however, it is ironic that it occurred during the Reagan era, when the Environmental Protection Agency was looking to loosen up environmental restrictions. So while both parties manipulate court rulings to their own advantage, giving this latitude to the bureaucracy is seen as one of the reasons for the growth of the administrative state and big government-usually something opposed by Republicans.
The left has often demonstrated that it is only interested in the law as a “means to an end” without respecting the process itself. It is merely a tool to achieve what they see as worthy goals.
In short order, they went on to diminish the rule of law by misusing the court system for partisan purposes-to stop the American First, and Pro-Constitution goals. They probably were concerned that all the misuse of power through the politicization of government agencies, targeted (persecution?) prosecutions of political rivals, and the attempt to derail the leading presidential candidate from running for president would result in a backlash where the hunters will now become the hunted. In short, they are desperate to slow up the progress of the Trump Administration with the midterms not too far away.
Since they have little respect for the process itself, they skillfully use the judiciary to achieve their goals and policies when legislation or constitutional amendments are not a viable option.
Many of the nationwide injunctions imposed on the Trump administration in his new term were brought in district courts where they would have a better chance of obtaining the desired outcome because the judges were likely to be favorable to the Democratic viewpoint.
The deportation case brought by the ACLU to the District Court in the District of Columbia, where Judge James Boasberg is the Chief Judge, is a case in point. It’s also the reason the Supreme Court ruled that the due process fell under the writ of habeas corpus, which requires the case to have been presented in a District Court in Texas, where the detainees were being held.
The basis for the deportation, according to the administration, was the Alien (AEA) Enemies Act, invoked only 3 times in our history. Though doubts have been raised about citing this law to justify the deportation, it seems to fall under the executive’s discretion and is subject to legal challenges and judicial review
According to a group called “Human Rights Watch,” looking to repeal this Act, it admits the following: “The act, however, requires no individualized determinations prior to detaining or removing an 'alien enemy,” let alone any guarantee of due process. To date, US courts have maintained that the only legal right to challenge the legality of detention or removal under the act lies in habeas corpus proceedings brought after the fact of a person’s detention….”
Thus, “Human Rights Watch” is actively seeking to have AEA repealed. So what role is the District Court playing? Is it to obstruct or delay the deportations? Are the opponents of the deportations banking on the cultural phenomenon that conservative judges like Roberts and Barrett live in the beltway and are subject to being sympathetic to these dangerous, criminal-illegal aliens? If this proves to be a factor, basically, we are dealing with judges subject to “wokeness” and not the rule of law. Our institutions may have already been compromised by the successful “march through the institutions,” like schools, the law profession, journalism, etc.
While legitimate questions exist about whether a 1798 law can be applied to the deportation of criminal-illegals who were members of Tren de Aragua from Venezuela, the larger issue involves the Separation of Powers under Article II and Article III of the Constitution.
Only recently has the use of Federal Court injunctions become more prevalent at the District Court level. Some experts claim this trend began forty years ago but accelerated during Trump’s first term. To give you some idea about the frequency of the use of these nationwide injunctions, there were 12 during the 8 years Obama was in office, 64 during Trump’s first term, and 14 under Biden. As of May 16, it is estimated that there have already been over 40 nationwide injunctions imposed to restrain the administration.
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OVERALL VIEW OF THE USE OF THE DISTRICT COURT SYSTEM AND SOME UPDATES
Depending on the viewpoint, some see these conflicts as an outgrowth of the strong differences and polarization between the two major parties, while others a desperate attempt by the Democrats to stop Trump’s agenda from moving forward as promised during his campaign. The clear electoral victory, as exemplified by his having won all seven swing states, makes this obstructive behavior by the judiciary over the executive branch so much more onerous. There is no question that there has been an overreach on the part of the inferior court system under the powers of article 3 of the constitution. SCOTUS must step up and review the threat the judiciary is presenting to the authority of the executive branch. Many conservative government watchdog groups have been calling for the courts intervention in the matter.
It could be a dangerous trend in our judicial system when partisan judges can subvert the authority of another branch of the Federal government to impose their own will. It is no overstatement that this can be characterized as a Constitutional crisis especially when taken to the extreme.
The concept of the so called “loyal opposition” is undermined when polarization is so extreme that one party rejects any & all policies of the opposition. The use of Democrat appointees to the District Court system to cancel President Trump’s actions is a dangerous trend that threatens to immobilize required action to defend and protect the country.
The role of the inferior court system is mainly to resolve disputes between a plaintiff and a defendant in civil and criminal cases. The Democrats have been utilizing the courts to step in to block the actions of President Trump by seeking injunctive relief much more than the Republicans have in the past against the administrations of Democrats; there are several things to note about the shortcomings of this system.
1. The use of court shopping by filing a case to challenge a law through a venue that would give a better chance for a win.
2. The incongruity between inferior (District/Appellate) courts and the Supreme Court, with one judge deciding the case that impacts the entire nation, while the Supreme Court, the superior court, requires nine justices whose ruling is based on a majority vote.
3. Although uncommon, multiple District Courts can issue contradictory injunctions.
4. Diminishes the legislative process in some cases by allowing “legislating from the bench.”
5. Can destroy the credibility of the court by demonstrating a bias passed on political leanings.
The legislature is charged with defining the scope and structure of the inferior court system under the Constitution. There has been legislation floating around Congress to rein in the power of the District and Appellate courts to prevent one local court from undermining the authority of the executive with nationwide injunctions. The executive branch will be severely impacted if one of the 94 District (inferior) courts can stop executive action, especially in times of an emergency.
Instead of being equal branches of government, this will make the Executive branch subordinate to the Federal Court system and at its political whim. By the way, this is happening elsewhere in the world, such as Israel and Brazil. Can’t say if there is any direct connection, but the effect is to usurp the legislative and executive branches of government, reducing the sovereignty of the people.
Restricting the President’s ability to utilize the AEA has been seen by many as restricting his ability to conduct foreign policy and provide national security-one of the foremost obligations of the Executive.
It has been stated by John Adams: “Our constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” The willingness to “Game” the system to get to the desired outcome, with total disregard for the means employed, destroys faith in our system and how the founders envisioned it should work. This can and has been characterized as “legislating from the bench” and is a real threat to the balance of the three co-equal branches of government.
There is hope that legislation proposed in the House and intervention on the part of the Supreme Court will rein in the courts and limit their scope. The “No Rogue Rulings Act of 2025,” which passed the House in April 2025, would restrict district court orders to applying only to the parties in the case and those they directly represent. This is a step in the right direction, but a full review of the judiciary is sorely needed. Going to the beginnings of our country, Thomas Jefferson expressed strong concerns about the federal judiciary, particularly the Supreme Court, viewing it as a potential threat to states' rights and republican principles. He believed the judiciary could undermine the Constitution by expanding its own power and consolidating power into a centralized government.
How prophetic was that?
False Flag to Discredit or Self-Inflicted Wound?
SPY RING OR IRANIAN INFLUENCE RING?
ARE CCP POLICE IN YOUR NEIGHBORHOOD
BLAMING THE SOLUTION NOT THE PROBLEM
THE TRAUMATIZATION OF AMERICAN PSYCHE
The only thing that is important to remember, as a disruptor, he antagonized both sides of the aisle who were vested in what we now know is a corrupt system that superseded the interests of the citizens. Donors with deep pockets were always in control, but this was never revealed until Donald T. Trump pushed back with common-sense policies that made the system work for all socio-economic classes, ethnicities, and races.
The ire of the elites was provoked by this challenge to their monopoly on policies that favored them but not the citizenry in general. Most of his policies had positive results and were put in place legally without violating his oath of office to uphold the Constitution of the United States. President Trump once said his greatest achievement may be having exposed the depth of the “Deep State” and the media in our country and its negative impact on our political system. This challenge to the elites was an existential threat to their power. This can be evidenced by the extreme reaction of this group as exemplified by (cancel culture) censorship, the politicization of government agencies, collusion of government with the press, election manipulation, and unequal justice through the use of political prosecution of Trump supporters, among other areas too numerous to mention here.
The unprecedented heat of this fight between the establishment and the “MAGA” movement had some in the general population question whether Trump was too volatile, so radioactive that he would be a liability in taking back the Republic.
The party system has evolved to try not to go to any extremes in its selection of candidates or establishment of party platforms. Here’s my take: Extreme times require extreme measures. The local Republican Party, instead of stoking the fire, is looking to ignore or quell it. This is a BIG mistake! Instead of capturing the passion of people disgusted by the attempt to indoctrinate children, take down statues that represent our founding, or try to smear the America First (MAGA) Movement and its followers as terrorists, the apparatchiks go with milk toast or candidates who are ineffective at delivering the messaging that would bring independents and possible Democrats over to our side.
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