Durbin Calls Out The Trump Administration's Continued Efforts To Intimidate Judges & Undermine The Rule Of Law
Once again, Senate Republican objects to Durbin’s UC request to pass a resolution that simply affirms the rule of law and the legitimacy of judicial review
WASHINGTON – In a speech on the Senate floor, U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, once again spoke against efforts by the Trump Administration to intimidate judges and undermine the rule of law. Durbin then asked for unanimous consent (UC) to pass a resolution that simply affirms that the Constitution vests the judicial power in the federal courts and that both the Constitution and established precedent require the executive branch to comply with all federal court rulings. U.S. Senator Chuck Grassley (R-IA) objected to Durbin’s UC request. This is the second time that Senate Republicans have objected to Durbin’s UC request.
“I have come to the floor several times in recent weeks to speak about unacceptable attacks on the federal judiciary—the federal courts—by President Trump and his allies. These attacks are not only wrong, but dangerous—and pose a serious threat to our constitutional order. I am sorry to say that the attacks on our judges and our judiciary have not stopped as I have made these requests on the floor. Instead, they have grown worse,” Durbin said. “Last week, President Trump himself called for the impeachment of a federal judge simply because the judge ruled against the Trump Administration. The President’s MAGA loyalists were quick to pile on when he did that. Elon Musk has demanded the impeachment of federal judges dozens of times, and House Republicans rushed to introduce articles of impeachment in the House.”
In response to the Trump Administration’s unprecedented attack on the federal judiciary, Supreme Court Chief Justice John Roberts issued a rare statement: “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.”
“Yet, this relentless campaign against the judiciary has continued,” Durbin said. “On Friday, President Trump issued a wild rant that read in part: ‘Unlawful Nationwide Injunctions by Radical Left Judges could very well lead to the destruction of our Country! These people are Lunatics.’”
Durbin went on to argue that the U.S. Senate must stand up and defend the judiciary.
“There has been a lot of debate about when we will cross the threshold into a genuine constitutional crisis. I pray that it will never happen,” Durbin said. “But it will come down to a basic principle. The question is not when we are going to face this, it is that we cannot afford to hold our breath and wait and see if the President will formally announce that he will defy a court order. We must respond to the dangerous attacks on our courts and judges now. The Senate must speak with one voice, Republicans and Democrats, in defense of the judiciary, the separation of powers, the Constitution, and the country we love.”
Durbin continued, “Some have argued that impeachment of judges is necessary because of the number of injunctions issued against President Trump compared to other Presidents. They claim this is evidence that federal judges are biased against President Trump. I would suggest there is a more obvious explanation: the number of injunctions issued against the first and second Trump Administrations is evidence of a President who has repeatedly violated the law.”
Durbin also responded to baseless claims from Elon Musk and other MAGA allies that the most recent judge to be targeted by President Trump, Judge Boasberg, is a radical ideologue.
“Let’s be clear. Judge Boasberg is no partisan. He was appointed to the Superior Court of the District of Columbia by a Republican President: George W. Bush. As a D.C. district court judge, Judge Boasberg has issued many rulings that clearly illustrate impartiality. For example, he was the judge who ordered the release of thousands of Hillary Clinton’s emails. And his decisions have favored President Trump’s interests on several occasions,” Durbin said. “Other judges who have ruled against the Trump Administration were appointed by Republican Presidents—including some who were appointed by President Trump himself. He is not always going to win in court. He seems to think he should.”
Durbin concluded, “The danger posed by the Trump Administration’s attack on the judiciary is not abstract. The recent invective by the President and his allies has resulted in increased threats to the lives of judges and their families. That is absolutely unacceptable. Our judges should not fear for their lives and those of their loved ones because of their work. And if judges feel compelled to decide cases in favor of the President to avoid his wrath, we will no longer have an independent judiciary. We can debate the value of nationwide injunctions and the merits of any particular judicial decision. But violence or threats of violence, whether from the right or the left of the political spectrum are never – never – acceptable… it is up to both political parties to protect it [an independent judiciary]. We’ve sworn to uphold and defend this Constitution, and now we are going to be tested.”
Durbin’s resolution on the rule of law is cosponsored by U.S. Senators Chris Coons (D-DE), Richard Blumenthal (D-CT), Amy Klobuchar (D-MN), Sheldon Whitehouse (D-RI), Jean Shaheen (D-NH), Mazie Hirono (D-HI), John Hickenlooper (D-CO), Tammy Duckworth (D-IL), Ron Wyden (D-OR), Peter Welch (D-VT), Mark Kelly (D-AZ), Alex Padilla (D-CA), Chuck Schumer (D-NY), and Jon Ossoff (D-GA).
Video of Durbin’s remarks on the floor is available here.
Audio of Durbin’s remarks on the floor is available here.
Footage of Durbin’s remarks on the floor is available here for TV Stations.
Full text of the resolution is available here.
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