U.S. Senator John Barrasso (R-Wyo.), serving as Senate Majority Whip, spoke on the Senate floor to criticize what he described as a rise in judicial activism by federal judges. Barrasso argued that unelected judges are blocking laws enacted by Congress and called for legislative action to address the issue.
Barrasso urged the Senate to pass the Judicial Relief Clarification Act, legislation authored by Judiciary Committee Chairman Chuck Grassley (R-Iowa). The bill aims to limit lower courts from issuing broad injunctions that block national policies. He also stressed the importance of confirming judicial nominees who adhere strictly to the law rather than interpret it through personal or political views.
In his remarks, Barrasso referred to recent events following President Trump’s signing of new legislation related to government funding and Planned Parenthood. He noted that Democrats filed a lawsuit in Boston challenging the law soon after its passage and highlighted that a district court judge appointed by President Obama issued a temporary injunction without providing a legal opinion.
“One judge in one district trying to dictate and derail national policy. Here we go again. This is another example of radicals in robes undermining the elected branches of government. As law professor Elizabeth Foley recently wrote in the Wall Street Journal, the separation of powers is ‘under assault by rogue judges claiming national power,’” Barrasso said.
He pointed out that more than 40 nationwide injunctions have been filed against actions taken by the Trump administration within six months, with most coming from courts in California, Massachusetts, Maryland, Washington, and D.C., which he said was nearly triple compared to those faced during President Biden’s four years.
Barrasso accused Democrats of using courts as political tools rather than seeking impartial review: “Democrats have used the courts to try to reverse President Trump’s popular policies. Democrats are not seeking unbiased review. They are using the courts as a political tool. That is not how our Constitution is supposed to work.”
Citing Supreme Court Justice Elena Kagan’s opposition to nationwide injunctions and referencing recent Supreme Court decisions overturning such measures, Barrasso stated: “Even Supreme Court Justice Elena Kagan – an Obama appointee – has opposed nationwide injunctions. In 2022, Justice Kagan said, ‘It just can’t be right that one district judge can stop a nationwide policy in its tracks and leave it stopped for the years it takes to go through the normal process.’ I agree with Justice Kagan.”
He continued: “The Supreme Court has recently and repeatedly taken steps to rein in radical judges. The Supreme Court has overturned eleven injunctions against the Administration since January. That includes Tuesday’s 8-1 order in the case Trump v. American Federation of Government Employees.”
Barrasso concluded his remarks by supporting swift confirmation for President Trump’s judicial nominee Whitney Hermandorfer for service on the 6th Circuit Court of Appeals and reiterated his main point: “The Constitution is clear. Congress controls federal spending. The power of the purse belongs to Congress. It does not belong to unelected district court judges with a gavel and a grudge. Enough is enough. It’s time to restore constitutional order. It’s time to rein in rogue judges. It’s time to confirm judges who respect the rule of law.”
