“The Constitution is clear. Congress controls federal spending. The power of the purse belongs to Congress. It does not belong to unelected district court judges with a gavel and a grudge.”
WASHINGTON, D.C. – U.S. Senator John Barrasso (R-Wyo.), Senate Majority Whip, today spoke on the Senate Floor to condemn the growing trend of judicial activism by unelected federal judges who are blocking duly enacted laws.
To address this issue, Senator Barrasso called on the Senate to pass Judiciary Committee Chairman Chuck Grassley’s (R-Iowa) Judicial Relief Clarification Act. Senator Barrasso also emphasized the importance of confirming judges who believe in the rule of law, not legislating from the bench.
Click HERE to watch Senator Barrasso’s remarks.
Sen. Barrasso’s remarks as prepared:
“Last Friday, President Trump signed into law our historic legislation to deliver safety and prosperity to the American people. Every Democrat in this chamber voted against it. So, once again, Democrats turned to the courts to try to do what they could not in Congress. This time it was about the government funding of Planned Parenthood.
“Now, we just heard the Minority Leader come to the floor and say, people want fair judges who will uphold the law. By Monday afternoon, Democrats had filed a lawsuit in Boston, Massachusetts challenging the very law that was just signed on the 4th of July. I’ve spoken before about this Massachusetts district court. This is one of the Democrats’ favorite venues when they want to obstruct the law. Eleven of its thirteen judges were appointed by Democrat presidents.
“By Monday evening, an unelected district court judge – appointed by President Obama – granted a temporary injunction blocking the law of the land. The judge did not issue a legal opinion or explain her decision. Instead, this one, lone judge – who has a history of radical rulings and partisan activism from the bench – halted a duly enacted law. As a result, millions of taxpayer dollars could be forced to be spent. This is money the taxpayers would never get back.
“One judge in one district trying to dictate and derail national policy. Here we go again. This is another example of radicals in robes undermining the elected branches of government. As law professor Elizabeth Foley recently wrote in the Wall Street Journal, the separation of powers is ‘under assault by rogue judges claiming national power.’
“Over 40 nationwide injunctions have been filed against the Trump administration in the first six months. 35 of them were issued by district courts in just four states and the District of Columbia – California, Massachusetts, Maryland, and Washington. That is nearly triple the number of injunctions President Biden faced in his entire four years in office.
“Democrats have used the courts to try to reverse President Trump’s popular policies. Democrats are not seeking unbiased review. They are using the courts as a political tool. That is not how our Constitution is supposed to work.
“Even Supreme Court Justice Elena Kagan – an Obama appointee – has opposed nationwide injunctions. In 2022, Justice Kagan said, ‘It just can’t be right that one district judge can stop a nationwide policy in its tracks and leave it stopped for the years it takes to go through the normal process.’ I agree with Justice Kagan.
“The Supreme Court has recently and repeatedly taken steps to rein in radical judges. The Supreme Court has overturned eleven injunctions against the Administration since January. That includes Tuesday’s 8-1 order in the case Trump v. American Federation of Government Employees.
“The abuse of the courts needs to end. That is why I support the Judicial Relief Clarification Act. This legislation was written by the Chairman of the Judiciary Committee Chuck Grassley of Iowa. His legislation would limit lower courts from using sweeping injunctions to block national policies.
“Additionally, the Senate must move quickly to confirm judges who apply the law as written. Not judges who try to legislate from the bench. Later today, we will begin the process of confirming President Trump’s first judicial nominee this term. It is for President Trump’s nominee to serve on the 6th Circuit Court of Appeals. Her name is Ms. Whitney Hermandorfer. She is smart, tough, and ready. She has the full backing of her home state Senators – Senator Marsha Blackburn and Senator Bill Hagerty of Tennessee. She also has the support of Judiciary Chairman Grassley.
“The Constitution is clear. Congress controls federal spending. The power of the purse belongs to Congress. It does not belong to unelected district court judges with a gavel and a grudge. Enough is enough. It’s time to restore constitutional order. It’s time to rein in rogue judges. It’s time to confirm judges who respect the rule of law.”
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