Barack Obama was furious the night Donald Trump won the 2016 election.
But Obama knew he had a secret weapon in his back pocket to sabotage Trump’s Presidency.
Now that is all about to change because Neil Gorsuch is about to deal Barack Obama a defeat he never saw coming.
In 2013, then-Senate Majority Leader Harry Reid changed the chamber’s rules to allow the Senate to confirm District and Circuit Court judges with a simple majority vote.
This allowed Barack Obama to pack the bench with left-wing loyalists who would carry out political activism under the name of judicial rulings.
Obama’s court packing came in handy when Donald Trump sought to do what every other President before him had done – undo the executive orders of his predecessor with those of his own.
But liberal judges invented a new weapon to thwart Trump – the nationwide injunction.
What would happen is President Trump would issue an executive order and then liberal lawyers would race to the nearest Obama District Court judge who would stay the President’s order.
Normally this would only affect the plaintiffs in a case.
But Obama judges took it upon themselves to make national policy from the lowest – and most local – level of the federal court.
This underhanded practice ground the gears of the Trump administration’s policy making to a halt.
And it played out again in Oregon where District Court Judge Michael McShane granted a nationwide injunction to the American Medical Association and Planned Parenthood to stop a Trump administration rule denying federal funds to clinics that recommend abortion.
“At worst, it is a ham-fisted approach to health policy that recklessly disregards the health outcomes of women, families, and communities. In the guise of ‘program integrity,’ the Gag Rule prevents doctors from behaving like informed professionals,” Judge McShane claimed. “It prevents counselors from providing comprehensive counseling. It prevents low-income women from making an informed and independent medical decision.”
AMA President and doctor Barbara L. McAneny cheered the ruling.
“In siding with patients and doctors in this case, the judge decisively said the free exchange of medical information is an essential patient right,” McAneny exclaimed. “The AMA will not stand by when the government interferes with the patient-doctor relationship by foisting a gag rule on physicians. Patients trusting their doctors is the foundation of good health, and there must be open communication about health care options.”
But this practice’s days could be numbered.
Justice Neil Gorsuch has made it clear in numerous oral arguments that he finds this practice absurd and is itching to find a case to use as a example to end this attack on America’s Republican system of government once and for all.
In a case where the state of Hawaii sued the Trump administration over rules banning travel from countries tied to terror, Gorsuch questioned the legality of nationwide injunctions.
Gorsuch pointed out to the state of Hawaii’s lawyers how “really new development where a district court asserts the right to strike down a – a federal statute with regard to anybody anywhere in the world.”
In another case, Gorsuch mocked this practice as a “cosmic injunction.”
Now that Brett Kavanaugh is on the Supreme Court and there is a more stable 5-4 conservative majority, observers believe it is only a matter of time until Gorsuch drops the hammer on Obama’s judges and their tyrannical nationwide injunctions.
We will keep you up to date on any new developments in this ongoing story.