The left’s lawfare resistance to Donald Trump is ramping up.
There was bad news for the President.
And Donald Trump is going to hate this defeat at the Supreme Court.
The latest example was leftist activist Judge Amy Berman Jackson – who presided over former Trump campaign chairman Paul Manafort’s trial in the Russian collusion hoax – issuing a temporary restraining order (TRO) blocking President Trump from firing Special Counsel Hampton Dellinger, who Joe Biden appointed last year to a five-year term.
This Office of Special Counsel differs from the special counsel status Jack Smith held as it’s a White House position that deals with whistleblowers.
Trump immediately appealed to the Supreme Court.
But the Court punted handing down a ruling holding the TRO in abeyance until it expires on February 26.
At that point in time Judge Jackson will issue a preliminary injunction blocking Trump from firing Dellinger or let Trump proceed with removing him.
TROs are unappealable and the justices punted this fight knowing the TRO would expire in a few days.
But the message the Court was sending couldn’t be any clearer.
They don’t want Justice Jackson issuing a preliminary injunction because then they will get involved.
What’s at stake is nothing less than the foundational principle that all authority in the executive branch is vested in the president.
Lawless judges like Jackson are trying to carve out bureaucrats as a fourth branch of government that exists above the courts, Congress, the president, and the Constitution.
Justice Neil Gorsuch authored a dissent that stood out as conservatives throwing down a marker that they will not tolerate bureaucrats claiming they operate independently of elections and the people’s duly elected representatives.
“The Court instead holds the application in abeyance. Presumably, like the court of appeals, it harbors a concern that the TRO may not yet have ripened into an appealable order. Respectfully, I believe that it has and that each additional day where the order stands only serves to confirm the point. Unlike preliminary injunctions, of course, TROs are generally not appealable,” Gorsuch began.
Gorsuch noted that the court is attempting to strip the president of the ability to fire subordinates, which would mean the president is no longer in control of the executive branch.
“As a starting point in that review, consider what we know about the remedy the district court ordered. The court effectively commanded the President and other Executive Branch officials to recognize and work with someone whom the President sought to remove from office,” Gorsuch added.
“That limitation would seem to pose a problem here, for courts of equity at the time of the founding were apparently powerless to ‘restrain an executive officer from making a . . . removal of a subordinate appointee,’” Gorsuch added.
Democrats still think they can kneecap Trump and have leftist activist judges issue rulings that essentially say Trump isn’t allowed to function as president.
But this lawfare is going to force the Supreme Court to step in.
Last time the Democrat Party waged lawfare against Trump the Supreme Court issued the presidential immunity ruling to put a stop to that nonsense.
Democrats may be equally unhappy with what comes out of the Pandora’s box they opened with this latest round of lawfare.
