The Insurrectionist Judges

Naturally, Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented along ideological lines. The three dissenting members of the high court obviously want to enable endless lawfare by insurrectionist district court judges in order to make the Trump administration’s efforts to exercise their executive privileges a living hell.

The most enjoyable part of the majority opinion, read by Justice Amy Comey Barrett, was the takedown of her colleague, Justice Jackson. She said, “We will not dwell on Justice Jackson’s argument, which is at odds with more than two centuries worth of precedent, not to mention the Constitution itself. We observe only this: Justice Jackson decries an imperial Presidency while embracing and imperial Judiciary.”

I don’t think those two go to lunch very often.

The rest of the SCOTUS ruling includes the words, “universal injunctions likely exceed the equitable authority that Congress has given to federal courts.” That ”likely” will cause more cases down the road.

But setting hazy wording aside, the decision as a whole should encourage progressive federal judges to hit the brakes when they are tempted to give another nationwide injunction for illegal aliens who object to being deported to a prison in Ecuador or a jail in some other country that will agree to take them--like South Sudan.

If the Supreme Court had rendered their decision in early April, Judge Hannah Dugan might have obeyed it, and would not have been arrested.

Why Was Judge Hannah Dugan Arrested?

Most readers have not heard of Milwaukee County Circuit Judge Hannah Dugan, an Obama-appointed judge.

Mainstream media are too embarrassed to explain why FBI agents came into her court to arrest her, never mind explain what she did. Let’s look at what happened.

She was arrested on April 25^th and was subsequently indicted on two charges, obstruction of a federal law enforcement agency, a felony, and concealing a person to help them avoid arrest, a misdemeanor. If convicted on both counts Judge Dugan will face up to six years in prison and a $350,000 fine.

According to the federal criminal complaint, on April 18^th Judge Dugan had Eduardo Flores-Ruiz, an illegal alien, in her courtroom on a charge of beating his wife. He had been deported in 2013 and hopped over the border in the Biden era to commit more crimes.

The complaint goes on to say that when Judge Dugan learned ICE, DEA, and FBI officers were sitting outside her courtroom with a warrant, waiting to arrest Flores-Ruis, she became angry, left the bench, and confronted the agents in the hallway. She said they should not be in the courtroom building. The agents said it was public property. She then directed the agents to see the Chief Judge (who agreed the corridors were public property) and she then saw the officers on their way.

Returning to her courtroom, Judge Dugan did not notice the lone ICE officer in plainclothes sitting on a distant bench.

Judge Dugan then got busy becoming a criminal. She escorted the defense lawyer and Flores-Ruis through the jury access door and outside her courtroom. The lone ICE officer noticed the reappearance of Flores-Ruis and a short footrace took place, ending in the arrest of Mr. Flores-Ruis.

Sound ludicrous? Sure does, except Judge Dugan is now indicted for committing two crimes. She is accused of obstructing a federal agency, a felony, and concealing an individual to prevent an arrest, a misdemeanor. The two charges carry a maximum penalty of six years in prison and a $350,000 fine.

Her lawyers floated a motion to dismiss the criminal case, arguing that she was acting in her official capacity as a judge and therefore is immune to prosecution. Judicial immunity is a doctrine protecting judges from being sued or held personally liable for actions taken in their official capacity as judges. That means they cannot be sued for damages or jailed as a result of their judicial decisions, even if those decisions are wrong, biased, or made with improper motives.

The Justice Department lawyers countered Judge Dugan’s lawyers by saying, “Such a ruling would give state court judges carte blanche to interfere with valid law enforcement actions by federal agents in the public hallways of a courthouse, and perhaps even beyond.” Adding, “Dugan’s desired ruling would, in essence, say that judges are ‘above the law,’ and uniquely entitled to interfere with federal law enforcement.”

To the cheers of millions of Americans, Judge Hannah Dugan went to court on July 21^st.

What The Insurrection Judges Did Next

Congress finished the One Big Beautiful Bill and President Trump signed it into law. Then, Obama-appointed Judge Indira Talwani for the District of Massachusetts immediately issued an injunction on July 7^th to block part of the duly enacted congressional law.

The Insurrectionist Judges are now attacking laws passed by Congress!

Judge Talwani ordered Health and Human Services Secretary Robert F. Kennedy Jr. not to apply Section 71113 of the Big Beautiful Bill against Planned Parenthood, its members, or against the Planned Parenthood League of Massachusetts, or the Planned Parenthood Association of Utah.

Section 71113 imposes a one-year ban on Medicaid payments to health care nonprofits that perform abortions. Those nonprofits received more than $800,000 in federal funding in 2023. Planned Parenthood, a nonprofit, earned a $206 million profit in the last two years alone.

Judge Talwani is demanding that the government continue funding Planned Parenthood, despite Congress exercising it’s Constitutional power of the purse. Not only has Judge Talwani defied the Constitution, she has defied the Supreme Court that ruled a month ago, in the case of Medina v. Planned Parenthood, that States are allowed to defund Planned Parenthood enrolled in Medicaid.

Another Biden-appointed judge in the district of Massachusetts, Brian Murphy, has also openly defied the Supreme Court after it struck down his April 18^th order on June 23^rd that prohibited the Trump administration from deporting illegal aliens to South Sudan. When the Supreme Court struck down his order he issued another order on the same day that said his May 21^st order remained in effect!

The Department of Homeland Security condemned Judge Murphy’s “unprecedented defiance” of SCOTUS.

Nevertheless, his action makes sense in a judicial insurrection in which district judges highjack the authority of the president of the United States.

Conclusion

Solicitor General Sauer observed, during oral arguments before SCOTUS, that district judges issued 40 injunctions against the federal government, including 35 from the same five judicial districts. As we have seen above, some judges are even defying the Supreme Court itself.

This is happening because the Democrat Party has no power, their illicit funds are being cut off, and they are angry--so they have dived completely into the madness of Trump Derangement Syndrome. The Democrat shock troops are several district court judges that have become a 5^th column inside our government. They are dedicated to hampering our chief executive as he fulfills the promises he made to the citizens who elected him.

Republicans and Democrats must patiently continue to observe the rule of law, even if we must arrest judges who commit crimes or fail to honor their oath to protect the Constitution. If we do not, we will be aiding those who are working to dissolve the ties that bind the Republic.