A Question of Judicial Activism and Republican Oversight

A Closer Look

Federal judges have issued a record number of nationwide injunctions blocking President Donald Trump's orders, prompting questions about how these judges were confirmed and whether Republicans could have done more to prevent their rulings.

Senator Josh Hawley, a member of the Senate Judiciary Committee, explained his opposition to Biden's judicial nominees, stating that he believes they are not faithful to the rule of law and will seek opportunities for political intervention.

Trump has faced a significant number of nationwide injunctions compared to his predecessors, with approximately 15 orders issued during his term. Some of the judges who have issued these orders include James Boasberg, Amir Ali, Loren AliKhan, William Alsup, and Deborah Boardman.

Several of these judges were confirmed with bipartisan support, while others faced opposition from all Republican senators. Boasberg, for example, was confirmed unanimously in 2011.

Former Trump attorney Jim Trusty believes that Republicans underestimated the legal challenges Trump would face and that the activist nature of some federal judges is putting pressure on higher courts. He also criticizes "an army of lawyers" who are trying to obstruct Trump's agenda.

Andy McCarthy, a Fox News contributor, argues that Republicans could have done more to block Biden's judicial appointments, particularly during his time as a lame-duck president. He emphasizes the importance of opposing radical nominees who will have a lasting impact on the nation.

However, others argue that it is impossible to predict how judges will rule in future cases. Former Deputy Assistant Attorney General John Yoo believes that senators can only do their best to assess nominees' qualifications and cannot see into the future.

Thomas Jipping, a legal fellow at the Heritage Foundation, notes that the Senate cannot use the filibuster to defeat judicial nominees, making it difficult to block controversial confirmations. He emphasizes the need for a majority vote to defeat a nominee.

Fox News reached out to former Senate leaders Mitch McConnell and Chuck Grassley for comment on how these judges were confirmed. McConnell's office referred to his previous comments about the legality of the Trump administration's actions, stating that the courts will ultimately decide. Grassley's office pointed to a statement from the senator's spokesperson, indicating that the Senate Judiciary Committee will be examining the issue of nationwide injunctions in an upcoming hearing.