Trump’s presidency faces crucial tests as Supreme Court begins pivotal term

The Supreme Court will launch its new term Monday with a focus on controversial prior rulings and a review of President Donald Trump’s sweeping executive agenda.

After a three-month recess, the nine justices met together for the first time this week to reset their docket, and discuss appeals that have piled up over the summer. The high court will resume oral arguments to confront issues like gender identity, election redistricting, and free speech.

But looming over the federal judiciary is the return of Trump-era legal battles. The administration has been winning most of the emergency appeals at the Supreme Court since January, that dealt only with whether challenged policies could go into effect temporarily, while the issues play out in the lower courts — including immigration, federal spending cuts, workforce reductions and transgender people in the military.

In doing so, the 6-3 conservative majority has reversed about two dozen preliminary nationwide injunctions imposed by lower federal courts, leading to frustration and confusion among many judges.

FEDERAL JUDGES ANONYMOUSLY CRITICIZE SUPREME COURT FOR OVERTURNING DECISIONS WITH EMERGENCY RULINGS

Now those percolating petitions are starting to reach the Supreme Court for final review — and legal analysts say the bench may be poised to grant broad unilateral powers to the president.

The justices fast-tracked the administration’s appeal over tariffs on dozens of countries that were blocked by lower courts. Oral arguments will be held in November.

In December, the justices will decide whether to overturn a 90-year precedent dealing with the president's ability to fire members of some federal regulatory agencies like the Federal Trade Commission. 

And in January, the power of President Trump to remove Lisa Cook from the Federal Reserve's Board of Governors will be tested in a major constitutional showdown. For now, the Biden-appointed Cook will remain on the job.

"A big fraction of the Supreme Court's docket will present the question: ‘can President Trump do?’— then fill in the blank. And that could be imposing tariffs; firing independent board members; removing illegal aliens; sending the military into cities like Los Angeles," said Thomas Dupree, a prominent appellate attorney and constitutional law expert. "So, much of what the Supreme Court is deciding this term is whether the president has acted within or has exceeded his authority." 

The tariffs dispute will be the court's first major constitutional test on the merits over how broadly the conservative majority high court views Trump's muscular view of presidential power, a template for almost certain future appeals of his executive agenda.

In earlier disputes over temporary enforcement of those policies, the court's left-leaning justices warned against the judiciary becoming a rubber stamp, ceding its power in favor of this president.

After a late August high court order granting the government the power to temporarily terminate nearly $800 million in already-approved health research grants, Justice Ketanji Brown Jackson said her conservative colleagues had "ben[t] over backward to accommodate" the Trump administration. "Right when the Judiciary should be hunkering down to do all it can to preserve the law's constraints, the Court opts instead to make vindicating the rule of law and preventing manifestly injurious Government action as difficult as possible. This is Calvinball jurisprudence with a twist. Calvinball has only one rule: There are no fixed rules. We seem to have two: that one, and this Administration always wins."

But some of Jackson's colleagues have denied they are paving the way for Trump's aggressive efforts to redo the federal government.

FEDERAL APPEALS COURT WEIGHS TRUMP BIRTHRIGHT CITIZENSHIP ORDER AS ADMIN OUTLINES ENFORCEMENT DETAILS

"The framers recognized, in a way that I think is brilliant, that preserving liberty requires separating the power," said Justice Brett Kavanaugh earlier this month at a Texas event. "No one person or group of people should have too much power in our system."

And Justice Amy Coney Barrett told Fox News' Bret Baier three weeks ago that she and her colleagues "don't wear red and blue, we all wear black because judges are nonpartisan ... We're all trying to get it right. We're not playing for a team."

Barrett, who is promoting her new book, "Listening to the Law," said her court takes a long-term view, and is not reflexively on Trump's side.

"We're not deciding cases just for today. And we're not deciding cases based on the president, as in the current occupant of the office," Barrett told Fox News. "I think the judiciary needs to stay in its lane ... we're taking each case and we're looking at the question of presidential power as it comes. And the cases that we decide today are going to matter, four presidencies from now, six presidencies from now."

KAVANAUGH CITES 3 PRESIDENTS IN EXPLAINING SUPREME COURT'S BALLOONING EMERGENCY DOCKET

These sharp court fractures between competing ideologies will likely escalate, as the justices begin a more robust look at a president's power, and by dint, their own.

"He who saves his Country does not violate any Law," Trump cryptically posted on social media a month after retaking office.

Federal courts have since been trying to navigate and articulate the limits of the executive branch, while managing their own powers.

Yet several federal judges — appointed by both Democratic and Republican presidents — have expressed concern that the Supreme Court has been regularly overturning rulings by lower courts dealing with challenges to Trump administration policies — mostly with little or no explanation in its decisions.

Those judges — who all requested anonymity to speak candidly — tell Fox News those orders blocking enforcement have left the impression they are not doing their jobs or are biased against the President.

TRUMP ADMINISTRATION TORPEDOES SCOTUS WITH EMERGENCY REQUESTS AND SEES SURPRISING SUCCESS

Those frustrations have spilled into open court.

"They’re leaving the circuit courts, the district courts out in limbo," said federal appeals Judge James Wynn about the high court, during oral arguments this month over the Department of Government Efficiency (DOGE) access to Social Security data.

"We're out here flailing," said Wynn, an Obama bench appointee. "I'm not criticizing the justices. They're using a vehicle that’s there, but they are telling us nothing. They could easily just give us direction, and we would follow it."

The president may be winning short-term victories in a court where he has appointed a third of its members, but that has not stopped him or his associates from criticizing federal judges, even calling for their removal from office when preliminary rulings have gone against the administration.

"This judge, like many of the Crooked Judges I am forced to appear before, should be IMPEACHED!!!" Trump posted on social media, after a March court ruling temporarily halting the deportation of alleged Venezuelan gang members.

The target of the attack was DC-based Chief Judge James Boasberg, appointed to the bench by President Obama.

 Top Trump White House policy advisor Stephen Miller, in interviews, has warned against some unaccountable and "communist crazy judges" "trying to subvert the presidency." 

TRUMP TURNS TO SUPREME COURT IN FIGHT TO OUST BIDEN-ERA CONSUMER SAFETY OFFICIALS

According to an analysis by Stanford University's Adam Bonica, federal district judges ruled against the administration 94.3% of the time between May and June. 

But the Supreme Court has in turn reversed those injunctions more than 90% of the time, giving the president temporary authority to move ahead with his sweeping reform agenda.

As for the rhetoric, the high court has walked a delicate path, reluctant to criticize Trump directly, at least for now.

"The fact that some of our public leaders are lawyers advocating or making statements challenging the rule of law tells me that, fundamentally, our law schools are failing," said Justice Sonia Sotomayor at a recent Georgetown University Law Center event, without naming Trump by name. "Once we lose our common norms, we’ve lost the rule of law completely."

Chief Justice John Roberts in March offered a rare public statement criticizing impeachment calls from the right.

But several federal judges who spoke to Fox News also wish Roberts would do more to assert his authority and to temper what one judge called "disturbing" rhetoric.

The U.S. Marshals Service — responsible for court security — reports more than 500 threats against federal judges since last October, more than in previous years. Law enforcement sources say that includes Boasberg, who, along with his family, has received physical threats and intimidating social media posts.

TURLEY: JUSTICE JACKSON SHOWS ‘JUDICIAL ABANDON’ IN LONE DISSENT ON TRUMP LAYOFF RULING

"I think it is a sign of a culture that has, where political discourse has soured beyond control," said Justice Barrett in recent days.

"The attacks are not random. They seem designed to intimidate those of us who serve in this critical capacity," said Justice Jackson in May. "The threats and harassment are attacks on our democracy, on our system of government."

The administration in recent days asked Congress for $58 million more in security for executive branch officials and judges, following the assassination of Charlie Kirk, the conservative activist who led Turning Point USA. 

A Fox News poll from this summer found 47% of voters approve of the job the Supreme Court is doing, a 9-point jump since last year when a record low 38% approved.

"Over the past decade, public confidence in our major institutions has declined," says Republican pollster Daron Shaw, who helps conduct the Fox News survey with Democrat Chris Anderson. "The Court’s rebound could reflect its attempts to steer a middle course on politically polarizing questions or indicate an uptick in positive attitudes toward our more venerable institutions."

Still, by more than 2-to-1, more voters think the court is too conservative (43%) than too liberal in its decisions (18%, a low), while 36% think the court’s rulings are about right. That continues a seven-year trend.

FEDERAL JUDGES ANONYMOUSLY CRITICIZE SUPREME COURT FOR OVERTURNING DECISIONS WITH EMERGENCY RULINGS

The public's views of the court's ability to steer clear of politics will be tested this term.

Besides the two Trump-related appeals, the justices are already scheduled to decide:

But court watchers are pointing to several hot-button pending appeals where "stare decisis" or respect for established landmark court rulings will be tested:  same-sex marriage and communal school prayer.   

The high court is expected to decide in coming weeks whether to put those petitions on its argument calendar, with possible rulings on the merits by June 2026.

But other cases are already awaiting a final ruling: the use of race in redistricting under the Voting Rights Act; and independent government boards.

"I think the likeliest candidates for being revisited are the ones that involve the power of the president to fire the heads of federal agencies," said attorney Dupree. "This is an old precedent that's been on the books really back since the New Deal, and it's come into question in recent years. There's been a long shadow hanging over these decisions, and I think the Supreme Court is poised to revisit those this term and in all likelihood overrule that."

The court may have already set the stage, by using the emergency docket in recent weeks to allow Trump to temporarily fire members of several other independent federal agencies without cause. The court's liberal wing complained that giving the president that power without explanation effectively unravels the 1935 precedent known as "Humphrey's Executor."

KAVANAUGH CITES 3 PRESIDENTS IN EXPLAINING SUPREME COURT'S BALLOONING EMERGENCY DOCKET

"Today’s order favors the president over our precedent," said Justice Elena Kagan in a blistering dissent against Trump's removal of Gwynne Wilcox from the National Labor Relations Board.

The court's "impatience to get on with things — to now hand the President the most unitary, meaning also the most subservient, administration since Herbert Hoover (and maybe ever) — must reveal how that eventual decision will go" on the merits, added Kagan.

Sotomayor said recent overturned precedents were "really bad" for certain groups of people.

"And that’s what’s at risk, is in each time we change precedent, we are changing the contours of a right that people thought they had," she said this month. "Once you take that away, think of how much more is at risk later. Not just in this situation."

The conservative justices in recent years have not been shy about revisiting cases that had been settled for decades but now have been overturned: the nationwide right to abortion, affirmative action in education and the discretionary power of federal agencies.

Other pending issues the justices may soon be forced to confront which could upset longstanding precedent include libel lawsuits from public officials, flag burning and Ten Commandments displays in public schools.

One justice who has been more willing than his benchmates to overrule precedents may be its most influential: Justice Clarence Thomas.

"I don’t think that any of these cases that have been decided are the gospel," Thomas said last week at a Catholic University event. If it is "totally stupid, and that’s what they’ve decided, you don’t go along with it just because it's decided" already.

DOJ faces off with entire Maryland federal bench over automatic pauses in deportation cases

A judge appeared skeptical on Wednesday of the Department of Justice's arguments related to an unusual lawsuit the Trump administration brought against all 15 district court judges in Maryland challenging a court order.

Judge Thomas Cullen of the Western District of Virginia questioned the DOJ over the lawsuit, which alleges that the Maryland district court overstepped its authority by imposing a standing order that automatically pauses deportation cases for two days when they are first filed.

Cullen, a Trump appointee, told DOJ attorneys early on in the hearing he was wary of their position.

"One of the things about me is that I don’t have a very good poker face, and you probably picked up on the fact that I have some skepticism," Cullen said.

TRUMP DHS SUES ENTIRE BENCH OF FEDERAL JUDGES IN MARYLAND DISTRICT COURT OVER AUTOMATIC INJUNCTIONS

The Virginia federal judge is presiding over the case in Baltimore because the Maryland judges recused themselves. Cullen said he would issue a decision by Labor Day on whether he would block the standing order.

DOJ attorney Elizabeth Hedges argued during the hearing that the Maryland court's order had the effect of "tampering with the [U.S.] attorney general’s discretion" over immigration enforcement matters.

The order requires clerks to immediately enter administrative injunctions that last two business days in cases brought by alleged illegal immigrants who are challenging their detentions or removals. The injunctions have the effect of temporarily barring the Department of Homeland Security from deporting or changing the legal status of an immigrant until a judge has time to review the case.

Hedges argued that the judges automatically enter the orders in these cases even if the court lacks jurisdiction in some of them.

The lawsuit, brought in June, comes as the Trump administration has taken an aggressive public posture against individual federal judges who have blocked enforcement of many of the president's executive actions, including in areas of immigration, education and federal agency cuts.

President Donald Trump has complained his agenda has been hamstrung and has called for the impeachment of certain judges whose orders he disagrees with. But the Supreme Court has, in many cases, overrode judges and allowed Trump to temporarily implement his executive actions while the lawsuits proceed in the lower courts.

Attorney Paul Clement, arguing on behalf of the Maryland judges, said during the hearing that there were "less confrontational" alternatives to resolving differences with the courts than suing every member of a district court.

Clement, a renowned conservative lawyer who served as former President George Bush's solicitor general, defended the standing order, calling it a "modest effort to preserve the judiciary's ability to perform its constitutionally assigned role."

'LAWLESS AND INSANE': TRUMP ADMIN READIES FOR FIGHT AFTER JUDGES BLOCK ABREGO GARCIA REMOVAL FOR NOW

Chief Judge George Russell of Maryland said he issued the standing order as a scheduling convenience to make sure the "status quo" is preserved when a deportation case is filed. He cited a "recent influx" of cases involving detained immigrants that were being filed after normal court hours, including on weekends and holidays.

The lawsuit represents a test of the independence of the judiciary branch. Clement said it was "fundamentally incompatible" with the separation of powers.

"We just don’t have a tradition of suits that are executive versus judiciary, executive versus Congress, Congress versus the executive," Clement said, adding that "we don’t really expect one branch to sue another to try to vindicate its institutional interests."

The lawsuit also comes as Trump's mass deportation agenda has encountered some roadblocks as immigrants raise court challenges and appeals to their removals.

Perhaps the most prominent instance of this occurred in Maryland, where Judge Paula Xinis, now one of the 15 defendants in the lawsuit against the judges, ordered the government to return Salvadoran national Kilmar Abrego Garcia to the U.S. after the Trump administration admitted to the court it mistakenly deported him to a prison in El Salvador.

Abrego Garcia has since been returned and is facing criminal charges of transporting illegal immigrants. He has pleaded not guilty.

House Republicans call for investigation into Obama-appointed judge in Trump funding case

FIRST ON FOX: A pair of Republican oversight hawks escalated a complaint on Tuesday about a district court judge who is presiding over one of the Trump administration’s cases, alleging the judge has a financial conflict of interest.

Reps. Jim Jordan, R-Ohio, and Darrell Issa, R-Calif., chairman and member of the House Judiciary Committee, respectively, asked the judicial council for the First Circuit Court of Appeals to investigate Judge John McConnell, according to a letter obtained by Fox News Digital.

McConnell, an Obama appointee, has been presiding over a pivotal funding freeze case in Rhode Island brought by 22 states with Democratic attorneys general. The case centers on the Office of Management and Budget’s order in January that federal agencies implement a multibillion-dollar suspension of federal benefits.

JUDGE TARGETED BY GOP FOR IMPEACHMENT DEALS BLOW TO TRUMP'S FEMA OBJECTIVES

The states’ lawsuit argued the funding freeze was illegal because Congress had already approved the funds for use. McConnell agreed with the states and blocked the administration from suspending the funds, and the case is now sitting before the First Circuit Court of Appeals.

McConnell wrote in an order in March that the Trump administration’s funding suspension "fundamentally undermines the distinct constitutional roles of each branch of our government." 

The judge said the freeze lacked "rationality" and showed no "thoughtful consideration of practical consequences" because it threatened states’ "ability to provide vital services, including but not limited to public safety, health care, education, childcare, and transportation infrastructure."

Issa and Jordan said McConnell’s long-standing leadership roles with Crossroads Rhode Island, a nonprofit that has received millions of dollars in federal and state grants, raised the possibility of a judicial ethics violation.

"Given Crossroads’s reliance on federal funds, Judge McConnell’s rulings had the effect of restoring funding to Crossroads, directly benefitting the organization and creating a conflict of interest," Jordan and Issa wrote.

Their letter was directed to Judge David Barron, chief judge of the First Circuit and chair of the First Circuit Judicial Council.

FEDERAL JUDGE BLOCKS TRUMP ADMIN FROM DISMANTLING 3 AGENCIES

McConnell was quick to become one of Trump’s judicial nemeses when he became involved with the funding freeze case. His initial order blocking the freeze and subsequent orders to enforce his injunction and unfreeze FEMA funds fueled criticism from Trump's allies.

The Trump-aligned group America First Legal has been highlighting McConnell’s ties to Crossroads Rhode Island for months through its own investigation and complaint to the First Circuit.

Rep. Andrew Clyde, R-Ga., filed articles of impeachment against the judge in March, though impeachment as a solution for judges with whom Republicans take issue has not garnered widespread support among the broader Republican conference.

Vocal Trump supporter Laura Loomer targeted the judge’s daughter on social media, and X CEO Elon Musk elevated her grievance on his platform.

One of McConnell’s local newspapers, the Providence Journal, described the judge as a man "well-known" in Democratic political circles and a major donor to Democratic politicians and organizations before he was confirmed to the bench in 2011.

CLICK HERE TO GET THE FOX NEWS APP

McConnell included Crossroads Rhode Island and his membership as a board member in his recent public annual financial disclosure reports. No parties in the case have actively sought his recusal at this stage.

An aide for the judge did not respond to a request for comment.

Ex-Supreme Court Justice Anthony Kennedy pleads for civil political discourse, warns ‘democracy is at risk’

Former U.S. Supreme Court Justice Anthony Kennedy warned Thursday that the tone of political discourse and threats to judges are undermining the ability of the U.S. to serve as an example of freedom and democracy around the world.

Kennedy, a Reagan appointee who retired in 2018 during President Donald Trump's first term, was speaking during a virtual forum about threats to the rule of law, as he defended the role of judges in a democracy and advocated for the need to protect them and their families from threats.

"Many in the rest of the world look to the United States to see what democracy is, to see what democracy ought to be," Kennedy said during the "Speak Up for Justice" event, one day before the current Supreme Court justices are set to deliver their final rulings of the current term.

"If they see a hostile, fractious discourse, if they see a discourse that uses identity politics rather than to talk about issues, democracy is at risk. Freedom is at risk," he continued.

BOOKER, CRUZ SPAR OVER THREATS TO US JUDGES IN FIERY SENATE EXCHANGE

Kennedy did not mention Trump, even as other participants expressed concern about the barrage of threats and attacks against judges for blocking key parts of the president's political agenda during his second term, including his immigration policies, firings of federal workers and his implementation of broad-based tariffs.

But Kennedy's remarks appeared to be sparked, at least in part, by the Trump administration's repeated attacks against judges who have ruled against him, including some whom he appointed during his first term.

In March, Trump criticized U.S. District Court Judge James Boasberg as a "radical left lunatic" and called for his impeachment after he attempted to block the administration from removing alleged Venezuelan gang members from the U.S. under the Alien Enemies Act, a wartime presidential power Trump invoked.

Last month, Trump attacked "USA-hating" judges as "monsters who want our country to go to hell."

Trump's rhetoric has come alongside an uptick in threats against judges, according to POLITICO, although spokespeople for the administration have said the president is against any threats and that they would face prosecution from the Justice Department.

Kennedy said "judges must have protection for themselves and their families" and that "judges are best protected when the public and our nation realize how central they are to our discourse." 

"We should be concerned in this country about, as I've already indicated, the tone of our political discourse," he said. "Identity politics are used so that a person is characterized by his or her partisan affiliation. That's not what democracy and civil discourse is about."

Other participants at the forum, which featured judges from the U.S. and other countries who warned about how attacks on courts can threaten democracies, also took aim at Trump's statement denouncing the courts.

Without mentioning Trump by name, U.S. District Judge Esther Salas, whose son was killed by a disgruntled lawyer who went to her New Jersey home in 2020, said disinformation about judges was spreading "from the top down," with jurists attacked as "rogue" and "corrupt."

CHIEF JUSTICE ROBERTS DOUBLES DOWN ON DEFENSE OF COURTS AS SCOTUS GEARS UP TO HEAR KEY TRUMP CASES

"Judges are rogue. Sound familiar? Judges are corrupt. Sound familiar? Judges are monsters. … Judges hate America," Salas said. "We are seeing the spreading of disinformation coming from the top down."

CLICK HERE TO GET THE FOX NEWS APP

Salas warned that the number of threats recorded against judges this year was reaching historic heights in the U.S., noting that the U.S. Marshals Service has tracked more than 400 threats against judges since January, when Trump was inaugurated.

"We're going to break records, people, and not in a good way," she said.

Reuters contributed to this report.

Chief Justice Roberts doubles down on defense of courts as SCOTUS gears up to hear key Trump cases

Supreme Court Chief Justice John Roberts used a public appearance Wednesday to stress the importance of an independent judiciary, doubling down on defense of the courts under fire by President Donald Trump and his allies, who have accused so-called "activist judges" of overstepping their bounds.

Asked during a fireside chat event in Buffalo, New York, about judicial independence, Roberts responded in no uncertain terms that the role of the federal courts is to "decide cases, but in the course of that, check the excesses of Congress or the executive."

That role, he added, "does require a degree of independence."

BOASBERG GRILLS DOJ OVER REMARKS FROM TRUMP AND NOEM, FLOATS MOVING MIGRANTS TO GITMO IN ACTION-PACKED HEARING

Roberts' remarks are not new. But they come as Trump and his allies have railed against federal judges who have paused or halted key parts of the president's agenda. (Some of the rulings they've taken issue with came from judges appointed by Trump in his first term.)

The Supreme Court is slated to hear a number of high-profile cases and emergency appeals filed by the Trump administration in the next few months, cases that are all but certain to keep the high court in the spotlight for the foreseeable future.

Among them are Trump's executive orders banning transgender service members from serving in the U.S. military, restoring fired federal employees to their jobs and a case about whether children whose parents illegally entered the U.S. and were born here should be granted citizenship. Oral arguments for that last case kick off next week.

TRUMP-ALIGNED GROUP SUES CHIEF JUSTICE JOHN ROBERTS IN EFFORT TO RESTRICT POWER OF THE COURTS

Just hours before Roberts spoke to U.S. District Judge Lawrence Vilardo, a high-stakes hearing played out in federal court in Washington, D.C.

There, U.S. District Judge James Boasberg spent more than an hour grilling Justice Department lawyers about their use of the Alien Enemies Act to summarily deport hundreds of migrants to El Salvador earlier this year. 

Boasberg’s March 15 order that temporarily blocked Trump’s use of the law to send migrants to a Salvadoran prison sparked ire from the White House and in Congress, where some Trump allies had previously floated calls for impeachment.

Roberts, who put out a rare public statement at the time rebuking calls to impeach Boasberg or any federal judges, doubled down on that in Wednesday's remarks.

"Impeachment is not how you register disagreement with a decision," Roberts said, adding that he had already spoken about that in his earlier statement.

In the statement, sent by Roberts shortly after Trump floated the idea of impeaching Boasberg, said that "for more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision," he said.

"The normal appellate review process exists for that purpose," he said in the statement. 

Trump-backed bill to stop ‘rogue’ judges passes House

The House of Representatives passed a bill Wednesday to limit federal district judges' ability to affect Trump administration policies on a national scale.

The No Rogue Rulings Act, led by Rep. Darrell Issa, R-Calif., passed the House and limits district courts' power to issue U.S.-wide injunctions, instead forcing them to focus their scope on the parties directly affected in most cases.

All but one Republican lawmaker voted for the bill, which passed 219 to 213. No Democrats voted in favor.

The Trump administration has faced more than 15 nationwide injunctions since the Republican commander-in-chief took office, targeting a wide range of President Donald Trump's policies, from birthright citizenship reform to anti-diversity, equity and inclusion (DEI) efforts.

Issa himself was confident the bill would pass, telling Fox News Digital on Tuesday morning, "We've got the votes."

SENATE GOP PUSHES TRUMP BUDGET FRAMEWORK THROUGH AFTER MARATHON VOTE SERIES

He was less certain of the bill getting Democratic support, though he noted former Biden administration solicitor general Elizabeth Prelogar made her own complaints about district judges' powers during the previous White House term.

"We're hoping some people look at it on its merits rather than its politics," Issa said.

Rep. Derek Schmidt, R-Kan., who has an amendment on the bill aimed at limiting plaintiffs' ability to "judge shop" cases to favorable districts, told Fox News Digital before the vote, "A lot of things get called commonsense around here, but this one genuinely is."

"The basic policy of trying to rein in the overuse of nationwide injunctions was supported by Democrats before. It's supported by Republicans now, and I'm hoping [this vote will] be supported by both," he said.

Rep. Lance Gooden, R-Texas, who, like Schmidt and Issa, is a House Judiciary Committee member, told Fox News Digital after the bill's passage, "Many Democrat-appointed lower court judges have conducted themselves like activist liberal lawyers in robes while attempting to stop President Trump's nationwide reforms. The No Rogue Rulings Act limits this unchecked power."

Another GOP lawmaker, Rep. Randy Feenstra, R-Iowa, told Fox News Digital, "More than 77 million Americans voted for [Trump's] pro-American policies and want to see them implemented quickly. There is no reason that activist judges whose authority does not extend nationally should be allowed to completely stop [his] agenda."

Republicans' unity on the issue comes despite some early divisions over how to hit back at what they have called "rogue" and "activist" judges.

MEET THE TRUMP-PICKED LAWMAKERS GIVING SPEAKER JOHNSON A FULL HOUSE GOP CONFERENCE

Rep. Marlin Stutzman, R-Ind., who supported impeachment and Issa's bill, told Fox News Digital, "The judicial vendetta against President Trump’s agenda needs to be checked. Nationwide injunctions by activists judges have stood in the way of the American people’s will and in come cases their safety, since the President was sworn into office."

Stutzman said Issa's bill "will stop individual judge’s political beliefs from preventing the wants and needs of our citizens from being implemented."

A group of conservatives had pushed to impeach specific judges who have blocked Trump's agenda, but House GOP leaders quickly quashed the effort in favor of what they see as a more effective route to take on the issue.

Despite its success in the House, however, the legislation does face uncertain odds in the Senate, where it needs at least several Democrats to hit the chamber's 60-vote threshold.

Judge Boasberg poised to hold Trump admin in contempt, takes down names of DHS officials: ‘Pretty sketchy’

U.S. District Judge James Boasberg on Thursday grilled Trump administration lawyers over whether they defied a court order blocking deportations under a wartime immigration law — a potential step toward holding the administration in contempt.

At issue is the administration’s use of the 1798 Alien Enemies Act to deport Venezuelan nationals, including alleged members of the violent Tren de Aragua gang. Boasberg pressed Deputy Assistant Attorney General Drew Ensign on why the government appeared to ignore an emergency injunction last month halting those deportations.

The administration has appealed the underlying case to the Supreme Court. But for now, Boasberg is weighing whether there is probable cause to move forward with contempt proceedings — a question that remained open after a tense exchange in court.

Boasberg said he would issue a decision as early as next week on how to proceed if he finds grounds to hold the administration in contempt.

WHO IS JAMES BOASBERG, THE US JUDGE AT THE CENTER OF TRUMP'S DEPORTATION EFFORTS?

During the hearing, Ensign was repeatedly questioned about who in the Trump administration had information about the flights and when the three deportation flights left U.S. soil for El Salvador. At least 261 migrants were deported that day, including more than 100 Venezuelan nationals who were subject to removal "solely on the basis" of the law temporarily blocked by the court.

"You maintain that the government was in full compliance with the court’s order on March 15, correct?" Boasberg asked Ensign. 

Ensign said yes, to which the judge responded: "It seems to me the government acted in bad faith that day." 

"If you really believed everything you did that day was legal and would survive a court challenge, you would not have operated the way that you did," Boasberg said.  

'WOEFULLY INSUFFICIENT': US JUDGE REAMS TRUMP ADMIN FOR DAYS-LATE DEPORTATION INFO

He repeatedly questioned Ensign about his knowledge of the flights and whether any related materials were classified, which could have triggered state secrets protections.

Government lawyers have refused to share information in court about the deportation flights, and whether the plane (or planes) of migrants knowingly departed U.S. soil after the judge ordered them not to do so, citing national security protections. 

But according to Ensign, that may not have been an issue. He told Boasberg the flight information likely wasn’t classified, prompting the judge to wonder aloud why it hadn’t been shared with him in an ex parte setting.

"Can you think of one instance" where the state secrets privilege was invoked using unclassified info? he asked Ensign, who struggled to respond.

"Pretty sketchy," Boasberg said aloud in response.

Another focus of Thursday’s hearing was timing — both when President Donald Trump signed the proclamation authorizing use of the Alien Enemies Act, and when federal agents began loading planes with migrants bound for El Salvador.

Boasberg noted that the Trump administration began loading the planes the morning of March 15, hours before the flights left the U.S.

"So then it’s not crazy to infer there was prior knowledge and actions ahead of the Saturday night deportations?" he asked Ensign.

The judge pressed the lawyer over the names, locations and agencies of individuals who were privy to the removals, as well as internal conversations with other administration officials who may have been listening in to the court proceedings.

"Who did you tell about my order?" Boasberg asked. "Once the hearing was done, who did you tell?"

Ensign says he relayed the information to Department of Homeland Security contacts and State Department officials, among others.

He listed the names of the individuals, at Boasberg's request, which the judge then carefully transcribed onto a pad of paper, interjecting at times to clarify the spelling or ask for their job titles.

The hearing is the latest in a flurry of legal battles over the Trump administration’s use of the Alien Enemies Act. It follows Boasberg’s order requiring officials to explain why they failed to comply with his directive to return the deportation flights — and whether they knowingly defied the court.

Boasberg told both sides he would see them again next week for arguments on the plaintiffs’ preliminary injunction motion, set for Tuesday.

The hearing also marks the latest clash between Trump and Boasberg, whom the president has publicly denounced as an "activist" judge and called for his impeachment. 

Trump faces Judge Boasberg over migrant deportation flights defying court order

A federal judge will hear from government lawyers Thursday to determine whether the Trump administration defied court orders when it deported hundreds of migrants to El Salvador last month.

The hearing marks the latest clash between President Donald Trump and U.S. District Judge James Boasberg, who Trump has publicly attacked as an "activist" judge and called for his impeachment. At issue is whether the administration knowingly violated Boasberg’s emergency order, which temporarily blocked the deportations and required that any individuals removed under a centuries-old immigration law be "immediately" returned to U.S. soil. Flights carrying migrants, including those deported under the 1798 Alien Enemies Act, still landed in El Salvador that same night.

"Oopsie…" El Salvador's president, Nayib Bukele, wrote on X after they landed in his country. "Too late."

Boasberg, who issued the emergency orders at the center of the controversial and complex case, has said he intends to find out whether the administration knowingly violated them, and who, if anyone, should be held accountable.

'WOEFULLY INSUFFICIENT': US JUDGE REAMS TRUMP ADMIN FOR DAYS-LATE DEPORTATION INFO

"The government isn’t being forthcoming," Boasberg told Justice Department attorney Drew Ensign during an earlier hearing. "But I will get to the bottom of whether they complied with my order, who violated it and what the consequences will be."

At Thursday's hearing, Boasberg is expected to revisit many of the same questions he raised earlier, including how many planes left the U.S. carrying individuals deported "solely on the basis" of the Alien Enemies Act. Other questions include how many individuals were on each plane and what time and from which location each plane took off. 

Although the administration has already appealed the case twice – first to the D.C. Circuit, which upheld Boasberg’s order, and then to the Supreme Court – the judge is still pressing for answers. Thursday’s hearing is part of his effort to determine whether the government defied the court when it carried out the deportation flights.

APPEALS COURT BLOCKS TRUMP ADMIN'S DEPORTATION FLIGHTS IN ALIEN ENEMIES ACT IMMIGRATION SUIT

The Alien Enemies Act, passed in 1798, has been used only three times in American history – during the War of 1812 and the two world wars – making its modern application by the Trump administration a rare legal maneuver.

Trump officials have argued invoking the law is necessary to expel dangerous individuals, including alleged members of the Tren de Aragua gang, who were flown to El Salvador under the administration’s new deportation policy.

Meanwhile, plaintiffs have pushed back on the administration’s use of the 1798 law, calling its use during peacetime "unprecedented."

In a brief filed to the Supreme Court earlier this week, plaintiffs argued the law permits immediate deportations only in cases of a "declared war" or an "invasion or predatory incursion" by a foreign nation, conditions they say don’t apply to the Venezuelan nationals targeted for removal.

Government lawyers have declined to disclose key details about the deportation flights, including whether any planes departed after Boasberg’s order, citing national security protections.

Boasberg had previously warned the administration of consequences if it violated his order and criticized earlier filings as "woefully insufficient," noting the government also refused his offer to submit information under seal.

APPEALS COURT BLOCKS TRUMP ADMIN'S DEPORTATION FLIGHTS IN ALIEN ENEMIES ACT IMMIGRATION SUIT

The case has become a political flash point over the balance of power between the courts and the executive branch. Trump allies dismiss much of the judiciary’s involvement as the work of "activist" judges seeking to rein in the president and overstep their constitutional role.

Trump's demand for Boasberg to be impeached prompted a rare public rebuke from Supreme Court Chief Justice John Roberts.

"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision," Roberts said in a statement. "The normal appellate review process exists for that purpose."

CLICK HERE TO GET THE FOX NEWS APP

The White House has kept up its criticism of the lower courts, with press secretary Karoline Leavitt last month accusing judges of overstepping their bounds and infringing on the president’s authority.

"The administration will move quickly to pursue Supreme Court review, defend the Constitution, and protect the American people," Leavitt said in a statement.

Republicans, Democrats trade barbs in heated hearing on activist judges blocking Trump agenda

Democrats and Republicans repeatedly clashed on Tuesday during a lengthy hearing on what the GOP calls "activist judges" blocking President Donald Trump's agenda.

The House Judiciary Committee's subcommittees on the Constitution and on courts held the joint hearing in preparation for a House-wide vote on legislation that would limit district judges' ability to issue nationwide injunctions. That bill is currently stalled, however, after an unrelated fight on proxy voting paralyzed the House floor.

During the hearing, Democrats repeatedly tried to press Republicans on the issue of judicial impeachments — something pushed by conservatives but that House GOP leaders have shown little appetite for pursuing.

WHO IS JAMES BOASBERG, THE US JUDGE AT THE CENTER OF TRUMP'S DEPORTATION EFFORTS?

"Some guy I've never heard of, he, might be in Congress, introduced an impeachment resolution, and he's not here," Rep. Eric Swalwell, D-Calif., said of an impeachment resolution targeting U.S. district Judge James Boasberg by Rep. Brandon Gill, R-Texas.

"He hasn't been here for at least the last hour, and every witness here is in agreement that we really shouldn't be impeaching judges. I haven't heard a single colleague on the other side say we should be impeaching judges."

Rep. Darrell Issa, R-Calif., who was co-chairing the hearing alongside Rep. Chip Roy, R-Texas, asked Swalwell to yield his time — but the California Democrat refused.

"I don't think they have anything to talk about with the bills, since they offered a similar bill, and even the solicitor general, as late as October of last year in the Biden administration, wanted exactly what we're moving out of committee today," Issa told Fox News Digital about Democrats' ploy.

Rep. Jared Moskowitz, D-Fla., compared conservatives' push to impeach judges to House Republicans' impeachment inquiry efforts into former President Joe Biden — which ultimately did not end in any such proceedings.

"I guess we're taking a page out of [House Oversight Committee Chairman James Comer's] playbook, we're just doing fake impeachments," Moskowitz told Fox News Digital.

But Roy, who co-led the hearing with Issa, told Fox News Digital it was about "trying to make clear that you've got a handful of judges acting, clearly politically, to stop the administration from acting."

"It's pretty clear that my Democratic colleagues prefer to defend the right of an MS-13 gang member, clearly here illegally, from being deported," Roy said.

'WOEFULLY INSUFFICIENT': US JUDGE REAMS TRUMP ADMIN FOR DAYS-LATE DEPORTATION INFO

But Rep. Scott Fitzgerald, R-Wis., another member of the committee, said at least one goal was to "raise the profile of the issue."

"Maybe the more headlines a hearing like this gets, it clearly sets it on the plate of Chief Justice Roberts, right, to take action and try to get control of the courts again," he said.

It's not immediately clear when Issa's bill will get a vote, after House Speaker Mike Johnson, R-La., announced House floor activity was canceled for the rest of this week.

SCOOP: Judge Boasberg impeachment push gains support despite House GOP leaders’ resistance

FIRST ON FOX: A resolution to impeach U.S. District Court Judge James Boasberg is still gaining support despite House GOP leaders' hesitation to move on such a measure.

Rep. Brandon Gill, R-Texas, introduced an article of impeachment against Boasberg last month after he issued an emergency order temporarily halting the Trump administration's deportation flights under the Alien Enemies Act.

Reps. Josh Brecheen, R-Okla., Andy Ogles, R-Tenn., and Paul Gosar, R-Ariz., signed onto the bill as co-sponsors last week, Fox News Digital was told, despite House GOP leaders signaling around the same time that they have little appetite to pursue that route.

The resolution now has 22 total co-sponsors – suggesting the effort is still alive and well among conservatives in the House Republican conference.

WHO IS JAMES BOASBERG, THE US JUDGE AT THE CENTER OF TRUMP'S DEPORTATION EFFORTS?

President Donald Trump is using the Alien Enemies Act to deport suspected Tren De Aragua gang members to a detention facility in El Salvador. 

Boasberg's standoff with the Trump administration, which includes accusations the White House ignored his initial order that the administration has denied, has sent shock waves through Capitol Hill. 

Republicans see it as one of the most egregious examples of "rogue judges" blocking Trump's agenda. 

Trump himself singled out Boasberg and called for his impeachment over the legal showdown.

'WOEFULLY INSUFFICIENT': US JUDGE REAMS TRUMP ADMIN FOR DAYS-LATE DEPORTATION INFO

More than a dozen injunctions have been levied against various Trump policies, with targets ranging from birthright citizenship reform to the Department of Government Efficiency.

However, House GOP leaders are hesitant to support impeachment as a method to target Boasberg and other judges – believing it to be a less effective route to accountability.

Several rank-and-file Republican lawmakers suggested to Fox News Digital last month that they would not support such a move, giving it long odds of success in the House.

Gill's resolution accused Boasberg of abusing his power.

CLICK HERE TO GET THE FOX NEWS APP

He could still force a House-wide vote on the measure by reintroducing it as a "privileged resolution," giving leaders two legislative days to hold at least one procedural vote.

As of last week, however, Gill told Fox News Digital he had no plans to do so.

It comes as House Republicans coalesce around legislation by Rep. Darrell Issa, R-Calif., to limit district judges' ability to issue nationwide injunctions. That bill is expected to get a vote on Wednesday afternoon.