JAG President Op-Ed in Washington Post - Leftist Judges Undermining the Presidency

This article was written by Phillip Jauregui and published in the Washington Post. In addition to being President of JAG, Phillip serves as Senior Counsel at AFA and wrote this opinion piece in his capacity for AFA Action.

After getting shellacked in the November elections — losing the White House, Senate and House — the left is back to its old playbook of judicial activism. Only this time, leftist judges are not legislating from the bench. They are playing fake president from the bench: ordering the gender mutilation of children, directing nonprofits to fund foreign aid assistance, barring the president’s Treasury staff from viewing its own payment records and enshrining a host of other insane policies.

The American people, Congress, President Trump and his administration are justly outraged by the many abuses of judicial power.

The founders understood that man’s sinful nature left him susceptible to the temptation to abuse power. Therefore, they structured our government with separation of power and checks and balances. So, what power does each branch have to correct this problem of judicial usurpation of presidential power?

The first line of defense lies within the judiciary because the problem originated there. First, the trial judges should correct their unlawful orders in cases where power has been usurped. Second, if they do not, then appellate courts and the Supreme Court must reverse them. Of course, the Supreme Court cannot reach down into a pending case on its own initiative. It must be asked to do so by one of the parties to the lawsuit. However, when appeals and writs are filed, the Supreme Court would be wise to police its own branch because, if it does not, the other branches are fully capable of correcting this abuse of judicial power.

The executive branch is interested in protecting its own power, and there is precedent for doing so.

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