We are a nation of 891 presidents 1 elected and the balance selfapointed

By Dan Perkins

Some Federal District Court Judges claim they have the power over the executive branch and the ability of the President to perform his responsibilities under Article 2. Recently, one judge ordered, let me say again, the President of the United States, who is the Commander-in-Chief of the military, to turn around aircraft taking illegal aliens and convicted criminals to a prison outside the United States. He wanted them back in America so he could decide what should happen to these felons. As stated above, there are about 890 district judges. Not all want to control or be the President, but some have already tried.

With more than 100 federal lawsuits filed since the inauguration, Trump and his administration have been under legal fire, being sued three times for every business day he has occupied the Oval Office. Approximately 30 of the 100 lawsuits relate to Trump’s immigration policies, while more than 20 of the cases directly challenge the actions of Elon Musk’s Department of Government Efficiency. Ten of the cases challenge Trump’s policies relating to transgender people, and more than 20 cases oppose the President’s unilateral changes to federal funding, government hiring, and the structure of agencies like the U.S. Agency for International Development and the Consumer Financial Protection Bureau.

The Supreme Court comprises nine justices, and every decision must be a majority decision, such as striking down or supporting a law. Remember that when the framers set up the Constitution, they only established the Supreme Court. They left the expansion of lower courts to Congress and gave Congress oversight of these lower or inferior courts.

Suppose you are charged with a serious crime and given the choice between a jury trial and a bench trial, which would you choose? You could plead guilty and let a single judge decide your fate. If you select a jury of your peers, you may have 6 to 12 people determine your guilt.

Most District Courts have one judge. One person decides whether the President is correct or not. When that single judge makes the decision, his or her verdict is subject to appeal to a higher court, where the number of overturning the lower court decision averages 70%. The 70% number is an average for all 13 circuits, with the highest being 88% and the lowest being 45%.

The high average number of overturns is a function of just one judge, compared to 3 to 9 judges who study the case and make a more informed decision.

For those people who are suggesting that the Chief Justice do something about lower courts overreaching their duties and responsibilities and taking on managing the government policies, be aware that the Chief Justice has no power over the lower courts. As was said before, Congress has the oversight responsibility. In a moment, I will give you some suggestions the Congress might make, but it’s essential to look at the current attacks on the administration, given the number of cases pending in the lower courts. Remember that if the lower court issues a nationwide temporary restraining order (TRO), all government activities on that issue must stop.

Below, you can see the most recent list of suits against the Trump Administration that are impacting the government’s ability to do what the American people wanted on November 5, 2024.

Suggestion number 1: Each of the top 5 categories could be rolled into one category. For example, all 50 cases under the Government structure and personnel heading could be reviewed, and duplicates could be looked for. After the duplicates are eliminated, the remaining cases would be rolled up into one case and presented to the high court for review. This consolidation could significantly streamline the legal process, reduce the burden on the administration, and expedite the resolution of cases. The same would be true of the other 4 categories.

Suggestion number 2: We advocate for a law ensuring the fairness of jurisdiction limits. Specifically, we propose that district courts can only rule within their district. Any cases in the district must restrict their TRO to their district and dismiss those with a national TRO. This measure ensures that no district can issue a nationwide TRO, reassuring the American people about the equitable distribution of legal power.

If Congress makes no changes in using the TRO, I anticipate that perhaps 100 cases will be dismissed over time. This process will undoubtedly take a long time, and this is what the Democrats want. However, it’s crucial to recognize the urgency of the situation. It’s time to clean up the courts and get rid of Lawfare. It’s time to make America Great Again and Fair, requiring immediate action. It is time to write or call your Congressperson and Senator, tell them what you want to happen in the court system, and restore this country to 1 President.

Dan Perkins is a nationally syndicated radio and TV talk show host. His current listener base is over 2 million people a month. He is the author of 9 books; his current book is Sad Eyes and is available on Amazon and through your local bookstore. His website is DanPerkinsmedia.org