Imagine if you will, a scenario where an elected body, comprised of individuals chosen by the very people they represent, grappling with crucial legislation aimed at addressing pressing social issues. The voices of the constituents echoing loudly with each day that passes, demanding action, urging their representatives to fulfill the promises made on the campaign trail.
And then, just as the momentum for action builds and reaches its crescendo, a gavel from a distant judge comes crashing down, silencing the collective voice of democracy with a single decree. Welcome to the reality of judicial tyranny, where unelected judges, often appointed through political subterfuge, wield political power over the lives and futures of free people, supplanting the elected body.
These are not your run of the mill jurists trying to ensure fairness and justice; no, they are self-appointed arbiters of social change, donning robes supposedly stitched from the fabric of impartiality. Tyrannical governments rely on legislating from the bench to effectively euthanize the will of the people, despite a contradictory constitution, or governing document. The specter of judicial overreach is not merely a concern for the ordinary citizen, it’s a dark omen that threatens to asphyxiate the very essence of democratic representation.
Activist judges are nothing new and often fly under the radar, manipulating interpretations of law to reshape outcomes rather than elucidating America’s constitution. The realities of judicial overreach are well documented and undeniable, which leads us to a terrifying realization; our justice system can be bent to the whims of a few radicalized robes, all while masquerading as custodians of democracy.
To ignore the implications of unchecked judicial power is to flirt with the notion that our elected representatives are merely judicial puppets. When judges take it upon themselves to decide what is best for society, rather than allowing the democratically elected officials to legislate according to the needs and desires of the constituency, we start pivoting towards tyranny of the judiciary, which is a direct assault on the principles of self-governance.
Consider the chilling effects in recent memory. On January 28, 2025, Judge Loren AliKhan, appointed to the U.S District Court for the District of Columbia, a Joe Biden appointee, blocked the Trump administration from implementing a pause on federal funding while it reviewed many of USAIDs programs legitimacy. She effectively usurped the lawmaking branches of government regarding federal funding and spending of tax-payer dollars, without any constitutional or foundational authority.
Paul Engelmayer, a Barrack Obama appointee in the Southern District of New York. He issued an injunction blocking Elon Musk, who by the way has the highest possible security clearance given to him by the President of the United States; from accessing Treasury Department Records, despite being invited to do so by the current Treasury Secretary Scott Bessant.
Amy Berman Jackson, another Obama appointee currently a sitting U.S. District Court Judge in the District of Columbia, her claim to fame is presiding over several “Russia collusion” investigations, including the prosecutions of Trump associates Roger Stone and Paul Manafort. Her latest perversion on the bench was to reinstate a man by the name of Hampton Dellinger of the Office of Special Council, who was recently fired by the President of the United States. Apparently Judge Jackson believes she now oversees the hiring and firing of the federal appointees.
These actions, among many other judicial overreach examples reek of paternalism, as judges are making legal decisions based on their own personal bias rather than constitutional law, utilizing “judicial discretion.” Just as a well-functioning government relies on checks and balances, so too does the judiciary need limits on its reach. Otherwise, we risk creating an environment where the judiciary operates as a de facto monarchy.
So, what can be done? First, citizens must awaken to the reality that their voices are at risk of being silenced by the unelected. There’s an urgent need for accountability in the judiciary to ensure that the court system does not grow into an entity above reproach. Of America’s three branches of government, the judiciary is the only one not requiring elections to hold or retain office. It’s imperative that we advocate for judicial reform or term limits, except for the Supreme Court of course.
We stand on a precipice, teetering between governance by the people and governance by judicial decree. There’s an urgent need for transparency and accountability in the judiciary. The will of the people deserves to be honored and respected, not obscured by the robes of those who believe they know better; one that dismisses the will of the people with the stroke of a pen. We must act or face a future where our elected bodies are rendered irrelevant in the face of judicial absolutism.
Editorial comments expressed in this column are the sole opinion of the writer.
