Rogue, unelected judges appointed by Democrats are weaponizing our court system to overturn the results of the 2024 presidential election. Instead of throwing out ballots, these unelected activist judges are abusing their power to bend and manipulate their courts’ jurisdiction to interpret laws in ways that obstruct President Trump’s America First agenda and keep in place the failed policies of Joe Biden.
Lower court judges are doing this at every opportunity, from trying to block President Trump’s effort to deport illegal migrants to preventing the firing of unaccountable bureaucrats. These judges are often operating under their own agenda and expanding their fiefdoms for partisan political purposes.
A prime example of this judicial overreach is Judge Amir Ali’s ruling that the Trump administration must pay out at least $2 billion to NGOs that used American tax dollars from the State Department and USAID to bankroll liberal programs abroad. Fortunately, Secretary of State Marco Rubio and the Trump administration have canceled the bulk of these programs after determining they were doing nothing to advance America’s national security — and in some cases were even undermining it.
A new administration must have latitude to carry out the wishes of the American people. Judge Ali’s ruling allows for no such discretion. This is not just some wonky legal argument. Judge Ali is substituting his own foreign policy interests over those of President Trump and Congress. In fact, he didn’t even have the right to hear the case in the first place, as the plaintiff NGOs were simply trying to collect government payments stemming from contracts, a case that should have been heard by the U.S. Court of Federal Claims which exists for this very reason.
To fix this judicial hubris, Chairman Mast is introducing a bill that would take the power away from judges like Judge Ali to address monetary claims against the federal government concerning foreign assistance. This will allow the proper court to weigh each foreign aid contract objectively and determine if it should be paid out or not.
The bill would also give new presidential administrations 180 days to review and realign foreign aid funding with national security interests and priorities. If Americans wanted to continue Joe Biden’s disastrous foreign policy, they would have elected Kamala Harris last November. Americans overwhelmingly chose President Trump—and he has a mandate to lead.
Judge Ali’s decision subverts the will of the American people. One individual judge was able to impose a $2 billion penalty on American taxpayers, single-handedly redefining America’s foreign policy priorities by deciding what can and cannot be funded via foreign aid.
That judge is not the commander-in-chief. He’s not the Secretary of State or the Secretary of Defense. He’s not a member of the National Security Council, and he’s certainly not a member of Congress with the power to authorize and fund foreign policy. Instead, he’s a Biden-appointed judge.
Our system of checks and balances was not designed to have one rogue judge direct foreign policy for the entire free world. The Constitution “reflects Congress and the Executive’s ‘firmly established,’ shared responsibilities over foreign policy,” something that even Judge Ali concedes. Yet, his ruling is a slap in the face to the Constitutional order that he swore to uphold, protect, and defend.
Judge Ali’s ruling also ignores the mountains of waste, fraud, and abuse that Congress has uncovered in our foreign assistance system. Everything from millions spent on sex change surgeries in Guatemala to condoms for the Taliban to financing for transgender operas and even programs helping Indonesian coffee companies become more gender and climate-friendly. No one can explain how these programs benefited America or made us the partner of choice for other countries. It probably would have been better if the government lit your tax dollars on fire than wasting it this way.
Yet, lower court judges think the crooked system that allowed these programs to happen in the first place should continue. Let’s work to make sure they don’t get their way and silence the voices of the more than 77 million Americans who voted for President Trump.
Jim Jordan represents Ohio’s 4th congressional district in the U.S. House of Representatives and is the current Chairman of the House Judiciary Committee and an original founder of the House Freedom Caucus. Brian Mast represents Florida’s 21st congressional district and is the Chairman of the House Foreign Affairs Committee.
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