Josh Hammer

that the number of nationwide injunctions that were imposed against the Trump presidency actually then exceeded all the previous presidents combined. In fact, Bill Barr, back when he was attorney general, gave a speech to the American Legal Institute, the Law Reform Institute, actually decrying the practice of nationwide injunctions.

that the number of nationwide injunctions that were imposed against the Trump presidency actually then exceeded all the previous presidents combined. In fact, Bill Barr, back when he was attorney general, gave a speech to the American Legal Institute, the Law Reform Institute, actually decrying the practice of nationwide injunctions.

So this is not the first time this has happened to President Trump in power. But Those judges have not learned their lesson from the first time. Partially that's because SCOTUS has derelicted its duty. The Supreme Court has not actually taken a case, Charlie, as to whether or not any of this is constitutional in the first place.

So this is not the first time this has happened to President Trump in power. But Those judges have not learned their lesson from the first time. Partially that's because SCOTUS has derelicted its duty. The Supreme Court has not actually taken a case, Charlie, as to whether or not any of this is constitutional in the first place.

And I guess I'll kind of just cut right to the chase there on that point and say that no, no. None of this is legal. None of this is constitutional. The media, Charlie, day in and day out, they're accusing Donald Trump and J.D. Vance and Elon Musk of fomenting a constitutional crisis because they're governing with all these executive orders.

And I guess I'll kind of just cut right to the chase there on that point and say that no, no. None of this is legal. None of this is constitutional. The media, Charlie, day in and day out, they're accusing Donald Trump and J.D. Vance and Elon Musk of fomenting a constitutional crisis because they're governing with all these executive orders.

They're having Elon Musk go into the Treasury payment system there. First of all. Republican administrations, conservatives in general, Charlie, we're constitutionals. We respect the separation of powers. We respect the rule of law. If there is an actual action that exceeds the legitimate confines of a sphere of governance, then that is where the judiciary comes in to rein in.

They're having Elon Musk go into the Treasury payment system there. First of all. Republican administrations, conservatives in general, Charlie, we're constitutionals. We respect the separation of powers. We respect the rule of law. If there is an actual action that exceeds the legitimate confines of a sphere of governance, then that is where the judiciary comes in to rein in.

But what judges are doing right now all across the country –

But what judges are doing right now all across the country –

On basically everything that Donald Trump has done since he came into power, everything from birthright citizenship to Elon Musk and Doge going into the Treasury payments there, Judge McConnell in Rhode Island threatening criminal contempt, criminal contempt of the Trump administration unless they subject all of their discretionary spending and funding decisions through his puny little judicial desk there deep in the bowels of the very blue state of Rhode Island there.

On basically everything that Donald Trump has done since he came into power, everything from birthright citizenship to Elon Musk and Doge going into the Treasury payments there, Judge McConnell in Rhode Island threatening criminal contempt, criminal contempt of the Trump administration unless they subject all of their discretionary spending and funding decisions through his puny little judicial desk there deep in the bowels of the very blue state of Rhode Island there.

This is wildly beyond the judicial power of which Article III of the Constitution speaks.

This is wildly beyond the judicial power of which Article III of the Constitution speaks.

and i know that because people have been writing about this actually for a very long time we can go all the way back to thomas jefferson at least in 1804 writing a letter to abigail adams the wife famously of his partisan rival john adams thomas jefferson famously said that to allow the judiciary to settle all questions even when it comes to the legitimate authority of the other branches of the congress or the executive branch would be to risk despotism abraham lincoln really said it best

and i know that because people have been writing about this actually for a very long time we can go all the way back to thomas jefferson at least in 1804 writing a letter to abigail adams the wife famously of his partisan rival john adams thomas jefferson famously said that to allow the judiciary to settle all questions even when it comes to the legitimate authority of the other branches of the congress or the executive branch would be to risk despotism abraham lincoln really said it best

in his first inaugural address in 1861, where he said that the candid citizen must confess that where you have ordinary litigation between two parties, and that that somehow results in fixing national policy for all of the people throughout the land, because a court says so, that is, at that point, the people will have ceased to be their own rulers, because they will have allowed that eminent tribunal, aka the court, to be a juristocracy.

in his first inaugural address in 1861, where he said that the candid citizen must confess that where you have ordinary litigation between two parties, and that that somehow results in fixing national policy for all of the people throughout the land, because a court says so, that is, at that point, the people will have ceased to be their own rulers, because they will have allowed that eminent tribunal, aka the court, to be a juristocracy.

This is judicial supremacy, but that is not the American system of governance there. It Judges, Charlie, in our system of governance, in our constitutional structure, judges have the power to bind the parties to a case, period, full stop, end of story. Anything beyond that, it is persuasive authority that can or cannot be listened to depending on whether the legal reasoning is cogent and coherent.

This is judicial supremacy, but that is not the American system of governance there. It Judges, Charlie, in our system of governance, in our constitutional structure, judges have the power to bind the parties to a case, period, full stop, end of story. Anything beyond that, it is persuasive authority that can or cannot be listened to depending on whether the legal reasoning is cogent and coherent.