Let’s get one thing straight: the idea that Democrats are somehow staging a coup via “judicial activism” because they’re no longer “in control” is pure projection and impressively unself-aware.
Yes, Democrats sue. They challenge policies. They file in court when they believe a law’s being broken or rights are being violated. But so does the GOP with turbocharged aggression.
Republicans have elevated judge shopping to an art form, filing every major challenge to Biden policies in places like Amarillo, Texas, where Judge Matthew Kacsmaryk, a Trump-appointed activist in robes, is basically on standby to deliver whatever ruling they need. One guy has become a veto point for federal immigration law, abortion medication access, and public health. That’s not judicial restraint that’s legal cosplay with real-world consequences.
Look at Judge Mark Pittman, who tossed Biden’s student loan forgiveness for “legislating without Congress,” while ignoring the actual law that gave the executive that emergency authority.
Or Judge Andrew Hanen, who keeps throwing legal bricks at DACA from the bench.
And let’s not forget the OG of ethical negligence, Justice Clarence Thomas, whose idea of judicial transparency is accepting luxury vacations and calling them “personal hospitality.”
And yes Democrats have had their moments too. Judges appointed by Obama issued nationwide injunctions against Trump’s travel ban and asylum rules. And Democratic state AGs launched an avalanche of lawsuits over Trump’s environmental rollbacks and immigration policy. Fair play - they used the courts to fight what they saw as unlawful overreach. But they didn’t try to break the system to get their way. They didn’t hunt for handpicked ideologues in single-judge districts just to get favorable headlines.
Here’s the thing: both sides play the game, but only one side is trying to rig the table, swap the dealer, and torch the rulebook when the cards don’t go their way.
Because at the end of the day, the rule of law only works if judges apply it fairly unlike Judge Aileen Cannon, who bent over backwards to delay Trump’s classified documents trial like she was auditioning for “Judicial Apprentice.” Trump picked her. And boy, did she deliver for him, not for justice.
PS: Trump's own hand-picked judges are ruling against him. Perhaps it's the policy - not the judge that's the issue.