The Imperial Judiciary

 

The Growing Concern of Judicial Overreach and Presidential Authority

In recent years, there’s been a worrying trend of lower courts overstepping their bounds, challenging the role of the executive branch, and at times assuming powers that traditionally belong to the president. While the Supreme Court has overturned many of these cases, the fact that they make it that far is already a blow to the president’s agenda and undermines the respect that we usually afford to the judiciary. The notion of a judicial coup is no longer a fringe concern, with public figures like Elon Musk even calling for impeachment proceedings against judges who seem to be misusing their authority.

This week, several cases illustrated the alarming expansion of judicial power. One of the most prominent was the ongoing battle over the removal of Lisa Cook from the Federal Reserve Board. Despite strong evidence suggesting that Cook lied on mortgage applications, she has refused to leave her position and has filed suit to prevent her removal. The District Court granted a temporary restraining order (TRO), delaying any action. The case underscores a larger issue: should courts have the power to decide on matters that are meant to be handled by the executive branch?

In Cook’s case, the law governing the removal of Federal Reserve governors was designed to protect the Fed's independence from political whims, relying on the Senate rather than judicial oversight. Historically, the separation of powers prevents the judiciary from micromanaging presidential decisions regarding appointments and removals. If the president oversteps, political safeguards exist—such as the Senate's confirmation powers—not judicial intervention.

Moreover, there were other rulings this week where courts seem to be second-guessing presidential actions, such as the decisions around Temporary Protected Status (TPS) for Venezuelans and tariffs. In both cases, courts have stepped in to restrict the president's ability to act, contradicting clear historical precedents and practical delegation of powers.

The question now is: Are we seeing an erosion of the separation of powers, and if so, what consequences will it have on the balance of authority in government?

• Judicial Overreach: Lower courts are increasingly assuming powers traditionally held by the executive branch, undermining the president's authority.

• Case of Lisa Cook: Despite allegations of mortgage fraud, Lisa Cook has filed a lawsuit to prevent her removal from the Federal Reserve Board. The case raises the question of whether the judiciary should be involved in executive decisions regarding appointments.

• Historical Precedent: The removal of Federal Reserve officials is designed to protect Fed independence, relying on the Senate, not the courts, for oversight. The "for cause" provision ensures that the president must justify removals, but it does not provide grounds for judicial review.

• Temporary Protected Status (TPS): Courts have blocked attempts to end TPS for Venezuelans, effectively creating a de facto permanent status for individuals who were granted temporary protection by one administration but wish to make it a permanent policy.

• Tariff Power: The U.S. Court of Appeals for the Federal Circuit ruled against the president’s authority to impose tariffs through executive orders under certain statutes, which could set a concerning precedent in restricting presidential power on national security and economic matters.

• Structural Safeguards: Political safeguards—such as Senate confirmation powers—exist to protect against executive overreach. Courts stepping in to manage these decisions erodes the system of checks and balances that was intentionally designed to ensure stability and fairness.

• The Risk of a Judicial Coup: Public figures, including Elon Musk, have suggested that impeachment proceedings against rogue judges may be necessary to restore the balance of power between the branches of government.

• Broader Implications: The growing trend of judicial activism risks eroding the separation of powers, leading to a loss of confidence in both the judicial system and the executive branch's ability to govern effectively.

https://www.americanthinker.com/articles/2025/08/the_imperial_judiciary.html