U.S. Senator Ted Cruz (R-Texas), Chairman of the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights, today decried what he termed the “rise of judicial lawfare” and a “full-blown judicial assault on the separation of powers,” during a Senate Judiciary hearing examining judicial overreach.
In his opening remarks, Senator Cruz highlighted the dramatic increase in nationwide injunctions issued against the federal government, particularly since January. He argued that these injunctions, often issued by a single district judge, effectively tie the hands of the President for all Americans and constitute “judicial tyranny.”
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“What we’re witnessing is the rise of judicial lawfare from the bench,” Senator Cruz stated. “One unelected district judge sitting in a courtroom in San Francisco, Boston, or Baltimore can now issue a nationwide injunction that ties the hands of the President of the United States for all 330 million Americans. That’s not law, that’s judicial tyranny.”
Cruz presented stark statistics to underscore his concerns. He noted that in the first 150 years of the Republic, zero nationwide injunctions were issued. The entirety of the 20th century saw only 27 such injunctions. Under Presidents Bush, Obama, and Biden combined, there were 32.
However, the numbers have skyrocketed recently. According to Senator Cruz, President Trump’s first term saw 64 nationwide injunctions. Now, just four months into the current administration, over 40 have already been issued.
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“In four months, the Trump administration has seen more nationwide injunctions than the entirety of the 20th century, and more nationwide injunctions than Presidents George W Bush, Barack Obama, and Joe Biden combined,” Cruz emphasized. “This is not normal. This is not justice. This is an orchestrated campaign of judicial obstruction.”
Senator Cruz attributed this trend to judicial nominees he characterized as “radical,” particularly those appointed during the Biden administration. He asserted that these nominees were specifically chosen to implement policy from the bench.
“Joe Biden, when he was president, nominated radicals to the bench,” Cruz claimed. “The Biden judicial nominees were far more extreme and radical than they were under Obama. They sought out radicals who would implement policy-making from the bench, and they are precisely doing that.”
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The Senator concluded by framing the hearing as an effort to “defend democracy” against what he perceives as “judicial tyranny of single judges deciding they know better when it comes to policy than do the voters of America.” The joint undertaking by the Subcommittee on the Constitution and the Subcommittee on Federal Courts aims to examine how procedural tools are enabling this perceived judicial overreach and threatening the separation of powers.
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