Stench From the Bench & How to Fix It – Top 3 Takeaways – March 20th, 2025
Takeaway #1: Stench from the Bench
Is President Trump working at a historically fast pace? Yes. With 92 executive orders already signed compared to 220 during the entirety of his first administration, and 162 signed by President Biden during his administration – Trump's pace has been a frenetic pace. By way of comparison, President Trump has already signed more executive orders in his first 58 days than 18 former presidents of the United States (and he’s tied with a 19th – Benjamin Harrison). Of all this is to say that yes, there’s no mistaking that Trump’s not messing around this time as he seeks to Make America Great Again. So, to a certain extent, it might be expected that Trump’s unprecedented pace to restore the United States has also been met with a record amount of legal obstruction as well. And that is very much the case... Since January 20th, the Trump administration has been sued 121 times, or an average of more than two lawsuits per day, and a number that’s even higher than the number of executive orders. Now just about any idiot can sue for just about anything – so a record number of frivolous lawsuits filed by a host of fools suffering from acute Trump Derangement Syndrome perhaps is to be expected. The problem that comes into play is when TDSers in the federal judiciary decide to unconstitutionally stand in the way. And we’re seeing a record amount of that too. Already, the federal judiciary has issued more nationwide injunctions against President Trump’s directives than any other president not named Trump in American history – 15. That’s right, in President Trump’s first 58 days we’ve had more judicial intervention into presidential decision making than during the entirety of any other non-Trump administration in history. By way of comparison President Biden had a total of 14 nationwide injunctions issued against his administration during the entirety of his presidency. Now, a key to this conversation is that I mentioned any non-Trump presidency. During President Trump’s first administration he faced a total of 64 nationwide injunctions during his four years – a number that was greater than all other presidents from 1963 to 2017 combined. In other words, the stench from the bench was historically prolific during Trump’s first term in office, and as he’s working at a record pace this time around so are activists in the judiciary seeking to stop his agenda and voter approved mandate. Still, a skeptical person may say that it’s deserved because Trump acts in an unconstitutional way. So,
Takeaway #2: Let’s go to the scorecard
During President Trump’s first administration, of the 64 nationwide injunctions filed against him, how many were upheld upon appeal in any capacity? 29. In other words, most, 55%, of the injunctions filed against his administration were later stuck down. That’s a number that likely would have been higher had Trump decided to continue to fight certain issues on appeal (he often would reissue executive actions that would effectively accomplish the same thing but tweaked in a way that would account for the injunctions’ contention). And so, the point is this, as Trump’s first term already proves – most of the federal judiciary’s injunctions against his administration are proven to be unconstitutional injunctions. And while no one has the time to dedicate their lives to attempting to dive into each of these newly issued federal injunctions against the Trump administration – for the purpose of constitutional law dissemination – you don’t need to, to know what a load has been happening here. This week’s example of a federal judge issuing an injunction against the President of the United States’ authority to deport members of a designated terrorist organization is all you really need to know, to know what’s really going on here. As I cited yesterday – a survey of over 25,000 Americans showed that 94% - 94%! agreed with Trump’s decision to deport the Tren de Aragua gang members. No, 94% of people aren’t constitutional law experts. But some issues are just so obvious to almost every American that you don’t need to be to know what’s right and what’s wrong. And here’s what’s wrong. The federal judiciary worked at a historic pace to issue a record number of unconstitutional orders to usurp authority from the executive branch during Trump’s term in office. They’re doing the same thing but at an even faster pace this time around. The Left likes to talk about Trump representing a constitutional crisis. As is often the case with the Left, they’re projecting. They’re the constitutional crisis. The judicial branch is exerting unprecedented unconstitutional authority to attempt to stop President Trump’s mandate. So, what should the administration and congress do?
Takeaway #3: Governor DeSantis has an answer
And actually... so does Chip Roy. On Wednesday, on X, Texas Representative Chip Roy said this: Lots of noise about impeachment. We must study every ruling & act accordingly w/ everything on the table (noting: 14 Dem votes required in Senate.). But, more fertile ground… 1) House can pass a resolution stating there is/was an invasion, 2) we can defund radical courts. In response Governor DeSantis said this: Congress has the authority to strip jurisdiction of the federal courts to decide these cases in the first place. The sabotaging of President Trump’s agenda by “resistance” judges was predictable — why no jurisdiction-stripping bills tee’d up at the onset of this Congress? They’re both right here. Starting with what DeSantis said. Many have wondered how lower federal court judges have the ability to issue nationwide injunctions in the first place. Congress could take that away. For that matter, they could outright eliminate certain federal courts along the way if they wanted to. The challenge, that approach would require 60 votes in the senate – meaning several Democrats would have to agree – which isn’t likely to say the least. Not that it isn’t worth trying. DeSantis is right about this, in fact his answer to get to 60 votes was to tie it to “must pass” legislation. I’m not sure what that would be at this point but nevertheless... As for Roy’s approach – he’s absolutely right about this and it’s entirely doable with only Republican support. Defund them. And btw, that goes for all of the federal agencies and federal employees that several of the injunctions seek to save. Just defund them. If a court isn’t given money to operate, what are they going to do...? Other than to effectively go away. Ditto furloughed federal government employees and a myriad of ridiculous agencies. Nothing is funded beyond September. The only things funded beyond September are what Republicans agree to fund. Congress controls the money, and something tells me these Marxist judges and employees won’t be reporting for duty for free. It would be a problem solved – for a minimum of four years.