July 10, 2026

Judgefare

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… Right now, the deportation of Abrego Garcia, an illegal alien with reported MS-13 ties who was deported to El Salvador is the latest duel between Trump and the lefty legal community. They want Trump to return this man. The liberal media reported that the Supreme Court ordered Trump to do so, but that’s not what the ruling said. It was nuanced, with key passages dedicated to how district courts overreached in this matter:

The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.

So, on that matter, Trump’s team took a blowtorch to this case. The Federalist’s Margot Cleveland broke down the new filings, responding to a motion for additional relief from Garcia’s wife [emphasis mine]:

Trump Administration begins noting that Court invited the Motion Garcia filed for “additional relief,” and that the relief sought seeks to micromanage diplomatic relations…It does.

Trump Administration argues the relief would violate SCOTUS directive to respect Article II authority.

Trump Administration then walks Judge through what SCOTUS actually ordered which was NOT an affirmance as she and Garcia continue to inaccurately claim. Here, Trump Administration stressed points I made earlier concerning what SCOTUS said

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The Supreme Court has interceded six times in less than three months to rein in federal judges who improperly exceeded their Article III authority and infringed on the Article II authority of President Donald Trump. Yet the high court continues to issue mealy-mouthed opinions which serve only to exacerbate the ongoing battle between the Executive and Judicial branches of government. And now there is a constitutional crisis primed to explode this week in a federal court in Maryland over the removal of an El Salvadoran — courtesy of the justices’ latest baby-splitting foray on Thursday.

On Thursday last, in Noem v. Garcia, the Supreme Court issued a short two-page order on President Trump’s application asking the justices to vacate an injunction issued by Maryland federal judge Paula Xinis. That injunction, issued on April 4, 2025, ordered the Trump Administration “to facilitate and effectuate the return of Plaintiff Kilmar Armando Abrego Garcia to the United States by no later than 11:59 PM on Monday, April 7, 2025.” The lower court further held that the “preliminary relief is issued to restore the status quo and to preserve Abrego Garcia’s access to due process in accordance with the Constitution and governing immigration statutes.”

After the Fourth Circuit refused to stay Judge Xinis’ order, the Trump Administration filed an application with the Supreme Court seeking an immediate stay followed by vacatur of the injunction. In its application, the Trump Administration acknowledged that Garcia had been wrongly removed to El Salvador, agreeing that there was an order barring Garcia’s return to his native homeland. However, the Trump Administration stressed that the order also concluded Garcia, as an alien illegally present in the United States, was subject to removal under federal law — just not to El Salvador. The immigration judge also rejected Garcia’s petition for asylum and for withholding of removal under CAT, or the Convention Against Torture. The Board of Immigration Appeals upheld those decisions.

Further, while Garcia had been wrongly removed to El Salvador, the Trump Administration argued that Judge Xinis lacked the authority to order him to “facilitate and effectuate” Garcia’s return. First, it was not for a federal judge to tell the Executive branch how to engage in diplomatic relations. And second, the president lacks the ability to control a foreign sovereign, making it impossible for him to “effectuate” Garcia’s return to the United States. Finally, Judge Xinis’ order improperly directs the Trump Administration to admit Garcia even though he is a member of MS-13, which has been designated a terrorist organization.

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As Donald Trump sees SCOTUS rescue him from two district court rulings, judges seem hardly in the mood to relent on their assault on the executive branch. U.S. District Judge Robert Lasnik added to the fire by claiming he was trying to tamp down the fire, claiming “It’s OK to criticize our rulings, that’s perfectly alright. But there’s no need to refer to a judge as a radical left-wing lunatic. It breeds threats of violence against judges.”

Stephen Miller may be answering this judge when he responded to another district judge using an emergency injunction to halt national law beyond their district jurisdiction. He said, “This is what we mean by judicial tyranny. Biden mass imported illegals from Venezuela, including criminals, gave them welfare and social security numbers. President Trump won an election promising to end the invasion. A rogue Marxist judge just ordered Biden’s amnesty continued.”

Stephen Miller slams judge for ‘judicial tyranny’ over blocking Trump admin’s removal of TPS for Venezuelans | The Post Millennial– thepostmillennial.com
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“This is what we mean by judicial tyranny. Biden mass imported illegals from Venezuela, including criminals, gave them welfare and social security numbers. President Trump won an election promising to end the invasion. A rogue Marxist judge just ordered Biden’s amnesty continued.”

On Monday, a US District judge in San Francisco, California, granted a motion to postpone the Trump administration’s attempt to end Temporary Protected Status (TPS) for Venezuelan nationals. TPS was originally granted under a program implemented by the Biden administration. The lawsuit was filed by seven Venezuelan nationals who claimed the decision to revoke their TPS status was “racially biased.”

Deputy Chief of Staff for Policy and Homeland Security Advisor Stephen Miller called the ruling “judicial tyranny.” He posted on X, “This is what we mean by judicial tyranny. Biden mass imported illegals from Venezuela, including criminals, gave them welfare and social security numbers. President Trump won an election promising to end the invasion. A rogue Marxist judge just ordered Biden’s amnesty continued.”

According to Fox News, Department of Homeland Security (DHS) Secretary Kristi Noem had previously announced actions to strip approximately 350,000 Venezuelan nationals of their protection under the TPS program, which had allowed them to live and work temporarily in the US.

However, the court claimed that by Noem stripping the Venezuelans of their TPS status, she is subjecting them to “possible imminent deportation” back to their country, which has been classified by the US State Department as a “Level 4: Do Not Travel” country due to the “high risk of wrongful detentions, terrorism, kidnapping, the arbitrary enforcement of local laws, crime, civil unrest, [and] poor health infrastructure.”

The Biden administration’s temporary protections of Venezuelan nationals have been in place since 2021.

US District Judge Edward Chen of the San Francisco Federal Court said, “The Court finds that the Secretary’s action threatens to: inflict irreparable harm on hundreds of thousands of persons whose lives, families, and livelihoods will be severely disrupted, cost the United States billions in economic activity, and injure public health and safety in communities throughout the United States.”

Chen added that the US government has failed to identify “any real countervailing harm” in continuing TPS for Venezuelan beneficiaries. He continued, “Plaintiffs have also shown they will likely succeed in demonstrating that the actions taken by the Secretary are unauthorized by law, arbitrary and capricious, and motivated by unconstitutional animus. For these reasons, the Court grants Plaintiffs’ request to postpone the challenged actions pending final adjudication of the merits of this case.”

Under the Biden administration, Venezuelan migrants were allowed to fly directly to the US after applying from abroad if they had American sponsors, under a policy that was designed to open pathways to legal immigration. Immigrants could then remain in the country for two years under a temporary immigration status. The program first applied to Venezuelans before it was expanded to Cuba, Haiti, and Nicaragua. President Donald Trump suspended the program when he returned to the Oval Office in January.

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How was she not required to recuse herself? Clearly it is naked conflict of interest.

Federal Judge Orders Trump Admin To Resume Funding Left-Wing Immigration Groups—Including Her Former Employer

Judge Araceli Martinez-Olguin’s work for Community Legal Services in East Palo Alto could fuel calls for her recusal

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During an interview with Thursday on FNC’s “Fox & Friends,” Vice President JD Vance said the Trump administration was prepared for liberal judges at the federal level interfering with deportation efforts.

Vance said the Trump administration was willing to litigate all the way to the Supreme Court.

“We can limit the jurisdiction of certain courts,” Vance said. “Even when certain courts make a ruling, say that you’re not allowed to deport a person for a certain reason, we can still deport that person for another reason. So it’s not like deportations have stopped, but yes, the radical courts are a problem. But our view here is we knew we were going to have this fight. We were prepared for it.”

 

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Former Speaker of the House Newt Gingrich testified before a House panel on Tuesday to warn of the “constitutional crisis” being forced on America thanks to the radical, out-of-control judges illegally attempting to crush a duly elected president.

Issa’s subcommittee held a joint hearing with the House Judiciary Subcommittee on the Constitution and Limited Government on Tuesday where Gingrich appeared.

“Fifteen district judges effectively seized control of various executive branch duties in the first six weeks of the current presidency through nationwide injunctions,” Gingrich explained. “This is potentially a judicial coup d’état and clearly violates the Constitution and more than 200 years of American history.”

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U.S. District Judge Amy Berman Jackson ruled in a March 28 opinion that the Trump administration couldn’t unilaterally shut down the CFPB, with the prospect being out of its jurisdiction. On Thursday, a three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit paused Jackson’s halt. It clarified that its ruling didn’t regard the argument’s merits but rather allowed the courts more time to consider the matter.

A security officer works inside the Consumer Financial Protection Bureau building headquarters on Monday, Feb. 10, 2025, in Washington. (AP Photo/Jacquelyn Martin)

“The purpose of this administrative stay is to give the court sufficient opportunity to consider the emergency motion for stay pending appeal and should not be construed in any way as a ruling on the merits of that motion,” the panel wrote.

The CFPB will remain open and operative during the period of review.

The bureau was one of the earliest and most controversial targets of Elon Musk’s Department of Government Efficiency. Sen. Elizabeth Warren (D-MA) founded the bureau after the 2008 financial crisis to help consumers. Critics argued that it drifted from its original purpose, becoming an opaque agency that abused its authority, pursuing targets such as a community-focused financial lending company.

One of its critics, Rep. Byron Donalds (R-FL), introduced legislation in February to abolish it altogether, saying it had gone “rogue.”

Rep. Jim Jordan Urges House to Limit Authority of Rogue Federal Judges– lidblog.com
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House Judiciary Committee Chair Jim Jordan is asking top House appropriators to add language to the appropriations bills to clamp down on out-of-control federal judges.

In a letter to Appropriations Committee Chair Tom Cole (R-Okla.), Jordan urged House Republicans to make a move to support Trump.

The Ohio Republican also said he wants language to funding for the issuance and enforcement of nationwide injunctions. That would include the use of court resources to compel compliance, fines or contempt proceedings related to such injunctions.

“These steps would reinforce the proper limits of judicial power and ensure that taxpayer resources support a judiciary that respects its constitutional role,” Jordan wrote.

Twenty-three states sue Trump administration over decision to rescind billions in health funding – live | Trump administration– www.theguardian.com
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Nearly two dozen states sue Trump administration over decision to rescind billions in health funding

A group of Democratic-led states have sued the Trump administration over its decision to cut $11bn in federal funds that they were allocated during the Covid-19 pandemic.

In the lawsuit, attorneys general and governors from 23 states and the District of Columbia argue that Department of Health and Human Services lacks the authority to unilaterally claw back funding the states had already built health programs around.

The “sudden and reckless cuts violate federal law, jeopardize public health, and will have devastating consequences for communities nationwide,” the lawsuit writes.

Congressional Republicans Determined to Bust Up the Gavel Gestapo in the District Courts– townhall.com
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We’re arguably amidst a judicial insurrection that hasn’t been lost on anyone, especially within the Trump White House and on Capitol Hill. The Trump administration knew it would face opposition; this isn’t their first rodeo. It doesn’t make it any less infuriating, however. The only difference is that the president has an army of lawyers and an attorney general at the helm to help defend his lawful executive orders aimed at securing the border, deporting illegal aliens, reducing regulations, and rebuilding our military. You saw how many he signed on day one of his presidency. Members of the Republican Study Committee spoke about this on their recent podcast.

 

Lawfare Isn’t Beaten—in France or America– www.dailysignal.com
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Elections are supposed to be decided at the ballot box, not in the courtroom—unless you’re French or, in this country, a liberal.

What a judge in France has just done by disqualifying Marine Le Pen from running in that nation’s next presidential election is what Democrats dream of doing here.

The controversial populist was ahead in the polls, but now Le Pen isn’t even eligible to run, thanks to a court that found her guilty of using European Union funds to pay for political expenses.

She insists the spending was legitimate, but as things stand French voters won’t get to decide for themselves who’s right.

Senate Hearing on Judges Blocking Trump’s Executive Orders– www.breitbart.com
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The Senate Judiciary Committee holds a hearing on judges using universal injunctions to block President Donald Trump’s executive orders on Wednesday, April 2.

The hearing, titled “Rule by District Judges II: Exploring Legislative Solutions to the Bipartisan Problem of Universal Injunctions,” will examine what Congress can do in response to lone district judges acting to block the implementation of Trump’s orders across the entire country.

The House held a similar hearing on Tuesday as the Supreme Court remains uninvolved in resolving the conflict between the executive and judicial branches of government.

Judge pauses order to halt legal funds for lone migrant children– www.washingtonexaminer.com
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A federal judge in California on Tuesday temporarily blocked a Trump administration policy that ended legal funding for migrant children. Without the ruling, thousands of children would face greater obstacles to remaining in the United States.

The Trump administration canceled a contract with the Acacia Center for Justice, which provides legal help to migrant children under 18 through subcontractors. Several subcontractor groups sued over the order, arguing that 26,000 children were at risk of losing their attorneys.

“The Court additionally finds that the continued funding of legal representation for unaccompanied children promotes efficiency and fairness within the immigration system,” she wrote.

Obama-Appointed Judge Blocks Trump’s Plan for Over 350,000 Deportations– slaynews.com
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A Barack Obama-appointed activist federal judge has blocked President Donald Trump’s plan to deport over 350,000 migrants from Venezuela.

U.S. District Judge Edward Chen issued a temporary injunction against the Trump administration.

The move blocks the Trump administration from ending the Temporary Protected Status (TPS) for approximately 350,000 Venezuelans living in the United States.

The TPS status was granted under former President Joe Biden’s administration.

Democrats Sue Trump for Mandating Proof of Citizenship to Vote in Federal Elections– slaynews.com
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Top Democrats have filed a lawsuit to block President Donald Trump’s executive order mandating that voters must provide proof of citizenship to cast ballots in federal elections.

The lawsuit alleges that Trump’s order will “impose radical changes on how Americans register to vote.”

Trump signed the executive order last week seeking to overhaul the nation’s elections.

However, the order now faces two legal challenges, one of them by top Democrats.

The first lawsuit was filed on Monday afternoon by two leftist groups – the Campaign Legal Center and the State Democracy Defenders Fund.

Shortly after, the Democratic National Committee, the Democratic Governors Association, and Senate and House Democratic leaders filed a complaint of their own.

Both lawsuits filed in the U.S. District Court for the District of Columbia ask the court to block Trump’s order and declare it illegal.

Federal Judge Issues TRO Pausing CDPAP Transition – Holland & Knight
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Judge Frederic Block of the U.S. District Court for the Eastern District of New York issued a temporary restraining order (TRO) on March 31, 2025, stalling the consolidation of the Consumer Directed Personal Assistance Program (CDPAP), which was intended to be completed by April 1, 2025. Oral arguments will be heard on April 4, 2025.

The TRO was issued in response to a lawsuit filed on behalf of six individuals and two independent living centers claiming, among other things, that the New York State Department of Health’s (DOH) mandated transition to a single fiscal intermediary (FI), Public Partnerships LLC (PPL), has been plagued with technical challenges that have jeopardized their access to home health services and that DOH’s failure to ensure their continued access to CDPAP services without notice and opportunity for a fair hearing to challenge the proposed termination or suspension was a violation of their due process rights under the Medicaid law.

The TRO is clear that there is to be no impact on the transitions that have been completed to date, meaning customers and caregivers who have already registered with PPL will be serviced by PPL. However, the TRO prohibits DOH from disallowing the nearly 600 FIs from providing services to those who have yet to register with PPL until a hearing is held to determine whether DOH should be permanently enjoined from enforcing the overhaul.