On May 28, 2025, a three-judge panel at the U.S. Court of International Trade ruled that President Donald Trump’s Liberation Day tariffs exceeded his authority under the International Emergency Economic Powers Act. The panel said only Congress can authorize sweeping trade duties, even in an emergency. Markets reacted quickly: the dollar surged higher, while stocks hesitated.
But the story didn’t end there. Within a day, the Federal Circuit Court issued a stay, allowing the tariffs to stay in place during the appeal. That move means that Trump’s trade strategy isn’t derailed; it’s being defended through proper judicial review .
The White House, through White House spokesperson Kush Desai, called the original court decision a case of “unelected judges” overruling an elected president acting on behalf of American workers. President Trump described the move as protection for domestic jobs and a necessary counterpunch to unfair trade.
Democrat Reversal: From Fear to Rallying Cry
Here’s the part that gets me: the same Democrats who spoke out loudly about “activist” “unelected judges” during the Obama era are now defending those very judges when the rulings cut against Trump.
Senate Minority Leader Chuck Schumer once said the country “can’t let unelected judges thrash our democracy.” Now? Crickets. No outrage. Just radio silence. It’s got the feel of a perfect political Houdini act, a sleight of outrage that disappears when inconvenient.
There’s something off in that mirror. Seems judges are only rogue if they block your side.
Judge Dugan: Arrest Spotlights Rule of Law and Accountability
Back on April 25, FBI agents arrested Milwaukee County Judge Hannah Dugan, accusing her of helping an undocumented immigrant, Eduardo Flores‑Ruiz, avoid ICE agents in her courtroom . The DOJ stated that the judge escorted the man through a private door, creating public safety risks and undermining enforcement.
Attorney General Pam Bondi and FBI Director Kash Patel emphasized, “No one is above the law,” even judges. Trump praised their swift action. This isn’t theatrics. It’s the spine of fair justice. If courts want respect, they must earn it, and that means being accountable.
The Only Rock‑Solid Standard: Consistency
Judges swap from villain to hero based on whose ox is gored. Today, it’s the courts saving Trump until they oppose him, and then they’re “rogue.” Hypocrisy, naked and raw.
He didn’t tweet, “Lock them up.” He filed appeals. He called out overreach. He used process. That’s not throwing bombs; it’s laying the groundwork. Politicians mock the courts now, but the system still functions, one word at a time.
If judges can act without oversight, why would any official? The Dugan case sets a precedent: judges aren’t above enforcement. That’s a win for the rule of law, not for politicization.
The nondelegation doctrine, IEEPA limits, and even term limits on judges are good ideas. Republicans should support them because steady institutions matter. Democrats should, too, because parties come and go. That means no judicial double standards.
Final Thought
Here’s the takeaway: you either defend courts because they play by the rules, or you don’t. You don’t flip when rulings hurt your team.
President Trump stepped up. He spoke. He appealed. He held judges to account when they went beyond constitutional bounds. And he reminded everyone that no one, not even judges, stands above the people’s will.
If Democrats want consistency, let them show it. If not, they’re only raising shields when it suits them. And that’s why America needs strong leaders willing to enforce fairness, not just when it’s easy, but when it’s essential.
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