'Represent Judicial Activism At The Worst': Darrell Issa Blasts District Judge's 'Sweeping Injunctions'

2 days ago

During debate on the House floor, Rep. Darrell Issa (R-CA) spoke in support of HR 1526, the No Rogue Rulings Act.

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Transcript

00:00Madam Speaker, I ask unanimous consent that all members have five legislative days in which to revise and extend their remarks and insert extraneous material on H.R. 1526.

00:12Without objection.

00:14Madam Speaker, I yield myself such time as I may consume.

00:17The gentleman is recognized.

00:19Madam Speaker, in recent years, it has become glaringly obvious that federal judges are overstepping their constitutional bounds under Article III of the Constitution,

00:33which applies that lower courts are created under statute by the Congress.

00:39Pursuant to congressional action, district judges are limited to the plaintiffs before them that have nexus in their district.

00:50Madam Speaker, in short, that means that a district judge needs to be confined to their district and to people who are in their district.

01:01Case after case over decades has shown that when they fail to do so, the cases are thrown out.

01:08More importantly, if they were to continue to do what is generally called nationwide injunctions,

01:19then in fact there would be no need for a 5-4 or 6-3 decision by the high court.

01:27The high court of nine must reach a majority in order to make something the law of the land.

01:33And yet a single district judge believes that they can make the law of the land.

01:38Since President Trump has returned to office, left-leaning activists have cooperated with ideological judges who they have sought out to take their cases

01:50and weaponized nationwide injunctions to stall dozens of lawful executive actions and initiatives.

02:01Proof of that occurred just yesterday when, by a majority of the U.S. Supreme Court, yet another judge's national ban was overturned.

02:10These actions touch on many of the most critical issues facing our countries, such as securing our borders,

02:19reforming insufficient and ineffective government bureaucracy, and strengthening our military.

02:26Let me be absolutely clear. These sweeping injunctions represent judicial activism at the worst.

02:34And don't just take my word for it. As late as October of last year, the Solicitor General of the Biden administration urged the end of these practices,

02:47stating that in fact the Biden administration has to win every time.

02:53The opposition only has to win one out of even a dozen cases.

02:58That is exactly the problem we are facing. The Supreme Court regularly considers cases that are done in the ordinary course,

03:06where one district judge, and perhaps a jury, rules one way and another rules another way.

03:12And the courts, through the appellate process, come up with a single law of the land.

03:21But they do so looking at the arguments of both winning and losing.

03:25And they do so while the administration is not nationally and internationally banned.

03:31National injunctions are being used to halt executive actions and executive orders,

03:37not just for plaintiffs before the court, but across the entire country,

03:42including individuals and entities that are not even parties to the litigation,

03:47and in many cases may not favor the outcome and would not have been willing plaintiffs.

03:55This undermines the system of government. It empowers individual unelected judges to dictate national policy

04:02and to thwart the Constitution, to take rights reserved to Congress and the President of the United States.

04:11NORA, the No Rogue Rulings Act, puts an end to this type of abuse.

04:17Under NORA, we reaffirm the principles that district court orders can only bind parties before the court

04:25and not non-parties across the country.

04:29This reform will also discourage the growing trend to forum shop.

04:34Because, Madam Speaker, if you can go to Hawaii because you can find a judge

04:40that will rule against an action taken here in the District of Columbia,

04:45you will do so if you can get a nationwide injunction.

04:48If you can only enjoy individuals who may not even be affected by it,

04:54there is no incentive to do so.

04:57Madam Speaker, there are 677 current judge positions, not including those on senior status.

05:05677 individuals, each of whom can exceed their authority and stymie the legitimate actions of government.

05:17In some cases, these judges have even ordered the payment of amounts

05:22when the administration is determined that there is great risk of fraud.

05:29During the last administration, they objected to this.

05:33They tried to stop it.

05:34And even in the last days before the election, the Biden administration was doing everything they could

05:42to accomplish what we are doing here today.

05:45In fact, there was even legislation in the last Congress authored by Democrats to do it.

05:52This is not a partisan issue.

05:54It may be a timely issue for this president, but that does not make it partisan.

05:59To do the right thing at this time is critical.

06:02And I urge my colleagues to support the No Rogue Rulings Act and restore the constitutional balance

06:08and respect for separation of powers.

06:11And with that, I reserve the balance of my time.

06:13The gentleman reserves and the gentleman from . . .

'Represent Judicial Activism At The Worst': Darrell Issa Blasts District Judge's 'Sweeping Injunctions'

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