Estimated read time: 3-4 minutes
- Sen. Mike Lee is drafting legislation to limit judges from blocking executive orders.
- The proposed bill requires a three-judge panel for nationwide injunctions, with appeals to the Supreme Court.
- Lee criticizes "judicial activism" and aims to prevent "judge shopping" in federal courts.
WASHINGTON — Lower court judges could be restricted in their abilities to block executive orders being issued by President Donald Trump, according to new legislation being drafted by Utah Sen. Mike Lee.
Several of Trump's executive orders so far have been met with a flurry of legal challenges, with nearly 30 of those being temporarily halted by courts until they can be reviewed, according to The New York Times. In many of those cases, the administration has already asked higher courts to intervene — and some may even reach the Supreme Court in the coming months.
The legal obstacles have prompted outrage from those inside Trump's circles, and several have publicly suggested the courts cannot control the president's power.
"If a judge tried to tell a general how to conduct a military operation, that would be illegal. If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that's also illegal," Vice President J.D. Vance said in a post on X. "Judges aren't allowed to control the executive's legitimate power."
That rhetoric only intensified when Trump himself posted to the social media platform last week: "He who saves his Country does not violate any Law."
Democrats were quick to decry the missive, accusing Trump of suggesting he can break the law to advance his agenda. But some Republicans defended Trump's comments as they demanded accountability for judges who they consider to be "judicial activists" placed on lower courts.
When asked about Trump's comments and whether the president is angling to place himself above the law in certain matters, Lee declined to speculate.
"I haven't talked to him about it. ... I don't feel comfortable trying to speak for him," Lee said.
However, Lee maintained that Trump was not suggesting he could "go unnoticed by the courts" if he or his administration committed "an unlawful misuse of power of some sort."
"That would surprise me," Lee said. "One way of looking at this is that he suggests he hasn't done anything that the law doesn't allow him to do."
Sen. Lee wants to address judicial activism
As the Trump administration grows frustrated with what it considers activist judges, Lee is preparing to introduce legislation that would limit the ability of a single district court judge to unilaterally block a presidential order through a nationwide injunction. Instead, Lee proposes such a move must be issued by a three-judge district court with the possibility of a "direct appeal" to the Supreme Court.
"The federal judiciary must uphold the system of checks and balances, including restraining the Executive Branch when it violates the Constitution," Lee said in a statement to the Deseret News. "At the same time, separation of powers required by the Constitution is potentially implicated whenever a single district court judge issues an injunction against the entire U.S. government, with nationwide application."
It's not yet clear when that legislation may be introduced, but Lee told the Deseret News it is currently in the works.
Lee has long called for judicial reform, warning against the practice of "judge shopping," referring to instances in which attorneys file lawsuits to specific courts or districts to ensure a favorable ruling.
The Utah senator has also argued that single judges in district courts should not have the ability to pause nationwide executive orders, decrying that ability as judicial overreach.
"There's been a fair amount of controversy about injunctive orders from courts purporting to have nationwide application," Lee told the Deseret News in an interview. "This would be one way of dealing with that."
