DOJ asks Supreme Court to review decisions by ‘activist’ judges

As we all know, Trump has issued a slew of executive orders during this administration (something I have never been a fan of).

Virtually every order Trump issued has been challenged, as I had predicted.

With the courts in DC dominated by liberal judges, Trump is losing most of these lower court rulings, so the Department of Justice (DOJ) has asked the Supreme Court to consider an emergency appeal to look at all these cases.

Fighting the Courts

I have often touted my prediction rate on court cases, which is well above 95%, but it is not because I am a legal expert.

I look at the judge, see who appointed them, glance at a few cases to see if they usually fall in line with their ideology, and make my prediction. It’s not brain surgery.

That being said, the lower courts are dominated by liberal judges, so Trump is expected to lose any challenge to his orders, especially in DC and blue states, as the cases are more likely to go before a liberal judge.

When he loses, an injunction is placed, pending appeal, and the case then works its way through our legal system.

The Trump administration is now trying to cut through the timeline, asking the Supreme Court to permit an emergency appeal of these decisions.

Acting Solicitor General Sarah Harris stated, "[Broad injunctions] compromise the executive branch’s ability to carry out its functions.

“This court should declare that enough is enough before district courts’ burgeoning reliance on universal injunctions becomes further entrenched."

Harris further explained in her brief, "District courts have issued more universal injunctions and TROs during February 2025 alone than through the first three years of the Biden Administration.

“That sharp rise in universal injunctions stops the Executive Branch from performing its constitutional functions before any courts fully examine the merits of those actions, and threatens to swamp this Court’s emergency docket."

My guess is that the Court will kick this back down to the lower courts and require the appeals process to be carried out before taking on the case, but there is clearly sympathy for Trump among the conservative justices.

For instance, during a recent emergency appeal in a case where the Court returned the case to the lower courts, in his dissent, Justice Alito wrote, "Does a single district-court judge who likely lacks jurisdiction have the unchecked power to compel the Government of the United States to pay out (and probably lose forever) 2 billion taxpayer dollars?

“The answer to that question should be an emphatic 'No,' but a majority of this Court apparently thinks otherwise. I am stunned.”

I get the frustration, but the fact of the matter is that one of the functions of the judiciary is to ensure the constitutionality of our laws, and for all intents and purposes, an executive order is a law that is placed directly in play by the sitting president of the United States, not needing action by Congress.

None of us like what is going on, but let me ask y’all the same question I just put to my friends… if a Democrat president was doing what Trump is doing right now, how upset would all of us be?

We would be screaming at the top of our lungs and demanding the courts do something to stop him.

So, let’s just allow this all to play out and if Trump’s orders are constitutional, they will stand up before the Supreme Court. And if they are not, they will be struck down and he will have to go back to the drawing board.

But do you know how you avoid all this mess? You stop issuing executive orders and get laws passed by Congress.