Judicial Overreach and Constitutional Limits on the Federal Courts

DOJ and Judicial Nomination VotesHouse Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet · 2025-04-01 · 119th Congress
The House Judiciary Subcommittees on Courts, Intellectual Property, Artificial Intelligence, and the Internet, and on the Constitution and Limited Government, held a joint hearing to examine nationwide injunctions issued by federal district courts against the Trump administration and to consider legislation, including the No Rogue Rulings Act, that would limit judges' power to issue such injunctions. Begins at 0:24:08
Transcript
Highlights

Title

Debate over nationwide injunctions, judicial power, and executive overreach

Purpose

The House Judiciary Subcommittees on Courts, Intellectual Property, Artificial Intelligence, and the Internet, and on the Constitution and Limited Government, held a joint hearing to examine nationwide injunctions issued by federal district courts against the Trump administration and to consider legislation, including the No Rogue Rulings Act, that would limit judges' power to issue such injunctions. Witnesses included former Speaker Newt Gingrich, Heritage Foundation fellow Paul Larkin, Aurora, Colorado resident Cindy Romero (a victim of crimes linked to Tren de Aragua), and University of Pennsylvania law professor Kate Shaw, with members disputing whether the judiciary is checking illegal executive action or improperly usurping presidential authority. Begins at0:24:08

Who spoke

Chairman Darrell Issa (R-CA)0:24:08: Opened the hearing arguing "rogue" district judges are issuing nationwide injunctions exceeding statutory authority0:25:23, citing 64 of 96 nationwide injunctions from 2001–2023 occurring during Trump's first term0:29:51, and noting Trump faced more injunctions in nine weeks than Biden did in four years0:30:18.

Rep. Hank Johnson (D-GA), Ranking Member0:33:41: Countered that Trump's 107 executive orders in 71 days have prompted 46 adverse rulings, only 17 of them nationwide injunctions, across judges appointed by both parties0:37:57; condemned attacks on judges' families and law firms0:39:39.

Chairman Chip Roy (R-TX)0:42:53: Framed the hearing around unitary executive theory, arguing 677 district judges function as a rival "executive council"0:44:54, and cited Judge Boasberg's order blocking deportation of Tren de Aragua members0:49:52.

Rep. Deborah Ross (D-NC), Subcommittee Ranking Member0:51:10: Argued the hearing should instead be about "presidential power grabs," citing Marbury v. Madison and warning that denying immigrants due process threatens everyone's rights0:55:33.

Chairman Jim Jordan (R-OH)0:58:27: Asked "who decides" — the elected president or unelected judges — citing judges controlling military readiness and probationary employee counts0:59:160:59:39.

Rep. Jamie Raskin (D-MD), Ranking Member1:01:03: Detailed the Kilmar Abrego Garcia case — deported to El Salvador despite no criminal record, an error the administration admitted1:02:521:03:52; noted Judge Boasberg was a Bush appointee and Kavanaugh's Yale roommate1:04:52; cited threats against Boasberg's family and Justice Barrett's sister1:10:42.

Mr. Paul Larkin, Heritage Foundation1:14:52: Testified nationwide injunctions lack constitutional, statutory, or common-law basis1:16:42, citing Williams v. Zbaraz and United States v. Mendoza1:17:291:18:15, and warning of judge shopping and conflicting injunctions1:19:281:19:59.

Hon. Newt Gingrich1:20:28: Called the situation a potential "judicial coup d'état," noting 92% of injunctions against Trump came from Democrat-appointed judges1:22:15; cited the Judiciary Act of 1802 as precedent for Congress reshaping courts1:21:48; proposed the Chief Justice require automatic Supreme Court review of nationwide injunctions1:24:26.

Ms. Cindy Romero1:25:47: Described armed Tren de Aragua members taking over her Aurora apartment complex, police inaction, and a fatal shooting outside her home on August 181:29:45; said she feels safer under Trump1:31:01.

Prof. Kate Shaw, University of Pennsylvania1:32:29: Argued the hearing's premise is "badly mistaken," noting 46 of 151 cases against Trump resulted in relief from judges of both parties1:33:19; said the administration has ignored Article 1 lawmaking processes and constitutional rights1:34:38.

Rep. Scott Fitzgerald (R-WI)1:37:44: (brief, yielded time)

Rep. Tom McClintock (R-CA)1:37:58: Questioned Larkin and Gingrich on habeas corpus vs. APA claims and partisan tilt among injunction-issuing judges1:38:151:39:56.

Rep. Hank Johnson (D-GA) continued questioning Shaw on law firms targeted by executive orders (Paul Weiss, Jenner & Block, Wilmer Hale)1:45:07.

Rep. Thomas Massie (R-KY)1:49:42: Recounted a breakfast with Justice Scalia on congressional power of the purse1:50:12; noted Biden-era nationwide injunctions on eviction moratoriums and vaccine mandates1:52:53.

Rep. Jamie Raskin questioned Shaw and Gingrich on due process, impeachment standards, and Judge Boasberg1:57:01.

Rep. Scott Fitzgerald (R-WI) questioned Larkin on the origins of nationwide injunctions in the 1960s-70s2:01:42.

Rep. Zoe Lofgren (D-CA)2:06:44: Asked Shaw about the constitutional standard for impeachment, noting only 15 judges have been impeached historically2:08:19.

Rep. Jim Jordan questioned Shaw and Gingrich on whether Judge Boasberg should recuse from the Hegseth case given his FISA court history2:13:41.

Rep. Steve Cohen (D-TN)2:17:13: Argued Trump, not the judiciary, is overreaching, citing birthright citizenship and attacks on law firms2:17:43; yielded to Rep. Robert Garcia.

Rep. Robert Garcia (D-CA)2:20:58: Criticized "fake impeachment" resolutions against Judge Boasberg lacking any scheduled hearing2:21:27.

Rep. Harriet Hageman (R-WY)2:23:20: Detailed TDA's ties to the Maduro regime and questioned Larkin on the lack of bond requirements under Rule 65 in injunction cases2:27:32.

Rep. Pramila Jayapal (D-WA)2:29:36: Argued nationwide injunctions result from Trump's own unprecedented actions2:29:59; questioned Shaw on the Alien Enemies Act and Japanese American internment precedent2:34:16.

Rep. Ben Cline (R-VA)2:35:23: Pressed Shaw and Gingrich on court-packing, asking if Shaw supports adding four justices2:35:33.

Rep. Jeff Crank (R-CO)2:39:18: Questioned Romero and Gingrich on TDA gang members' removal and asked whether Boasberg's order was correct2:39:18.

Rep. Chip Roy questioned Romero on her experience and Gingrich on Cooper v. Aaron and forum shopping2:48:242:53:25.

Rep. Becca Balint (D-VT)2:55:39: Yielded time to Raskin and questioned Shaw on Trump's and Vance's statements that judges "aren't allowed" to rule against the administration3:08:30.

Rep. Wesley Hunt (R-TX)3:02:02: Argued mass illegal immigration constitutes an "invasion" and questioned Romero on fentanyl and cartel violence3:02:57.

Rep. Deborah Ross questioned Shaw on chilling effects of targeting law firms3:12:58.

Rep. Troy Nehls (R-TX)3:13:00: Questioned Shaw on the "65 Project" targeting Trump-affiliated lawyers, then yielded to Jordan, who pressed Larkin and Shaw on Democratic criticism of courts, including Schumer's Supreme Court remarks and the Dobbs leak3:15:053:16:28.

Rep. Sydney Kamlager-Dove (D-CA)3:29:17: Compared judicial independence to sports officiating, warning against "blowing up" checks and balances3:32:25.

Rep. Kevin Kiley (R-CA)3:34:36: Argued nationwide injunctions let a single judge override 12–0 appellate wins, citing Justice Gorsuch3:36:27; asked Gingrich about a Chief Justice-led fix3:38:24.

Rep. Mark Takano (D-CA)3:40:47: Criticized the impeachment resolution sponsor's absence and questioned Gingrich on his silence over past rogue rulings3:41:11; yielded to Rep. Jasmine Crockett.

Rep. Jasmine Crockett (D-TX)3:42:11: Pressed Shaw on which branch has final interpretive authority3:43:03 and warned of a world where the president faces no check3:45:23.

Rep. Darrell Issa questioned Larkin and Gingrich on Mendoza, Rule 65 bonds, and Judge Chen's TPS ruling3:47:443:49:07.

Rep. Madeleine Dean (D-PA)3:52:41: Pressed Gingrich on Judge Boasberg's and Judge Kernodle's party of appointment and on due process for Abrego Garcia3:52:413:57:13.

Rep. Addison McDowell (R-NC)4:50:00: Asked Gingrich about further legislative steps beyond the No Rogue Rulings Act4:50:57 and about birthright citizenship4:52:33.

Rep. Sam Liccardo (D-CA)4:56:23: Cited 14th Amendment debate history rebutting Gingrich's birthright citizenship claim, yielding to Raskin4:56:44; questioned Shaw on separation of powers and due process4:58:51.

Rep. Bob Onder (R-MO)5:01:26: Cited Chief Justice Marshall and criticized a TRO in *PFLAG v. Trump* blocking an executive order on transgender care for minors5:02:44; questioned Shaw on her past criticism of nationwide injunctions and the Supreme Court5:04:52.

Rep. Ralph Norman (R-SC)5:07:23: Asked Larkin about the 1960s rise of institutional-reform litigation and partisan judicial selection5:07:49.

Rep. Tony Wied (R-WI)5:12:47: Asked Larkin and Gingrich about historical precedent for party-specific injunctions before 18705:13:00.

Rep. Craig Goldman (R-TX)5:19:41: Noted a prior Democratic bill to expand the Supreme Court to 13 justices5:20:17; asked Gingrich about Congress's oversight authority over lower courts5:22:01.

Rep. Emily Randall (D-WA)5:26:00: Asked Gingrich what remedy exists if the Chief Justice does not act, invoking Jefferson's abolition of judgeships5:29:26.

Chairman Darrell Issa closed by noting roughly 8,000 annual Supreme Court petitions versus ~62-68 accepted, questioning the burden of routing all nationwide injunctions there5:33:38, and gave Romero the final word5:35:20.

Key moments

Issa stated more than half of all nationwide injunctions issued 2001–2023 (64 of 96) came during Trump's first term, and Trump faced more in his first nine weeks of term two than Biden did in four years0:29:510:30:18.

Johnson countered that of 46 adverse rulings against Trump since January 20, only 17 were nationwide injunctions, issued by judges appointed across administrations0:37:57.

Raskin detailed the Kilmar Abrego Garcia case: a Maryland resident deported to a Salvadoran prison despite no criminal record, which the administration later admitted was a mistake but said it could not remedy because he was no longer in U.S. custody1:02:521:03:52; Issa later countered Garcia had been identified as MS-13-affiliated1:11:26.

Gingrich called the wave of injunctions a "judicial coup d'état," noting 92% were issued by Democrat-appointed judges, and proposed the Chief Justice require automatic Supreme Court review of any nationwide injunction1:22:151:24:263:39:08.

Larkin argued nationwide injunctions lack constitutional, statutory, or common-law grounding, citing *Williams v. Zbaraz* and *United States v. Mendoza*1:16:421:17:51.

Rep. Dean pressed Gingrich on his own admission that a third Trump term would be unconstitutional absent an amendment3:43:59.

Shaw testified 46 of 151 cases against the Trump administration have resulted in preliminary relief from judges of both parties, undercutting claims of partisan bias1:33:19.

Rep. Onder confronted Shaw with her own prior public criticism of nationwide injunctions and "judge shopping," which she said referred to single-judge divisions like Amarillo, distinct from the current multi-district rulings against Trump5:04:525:06:14.

Romero's closing testimony challenged the committee: "Where was all the outrage before you let them in? ... You guys save your outrage to when it's convenient to fight a president"5:35:505:36:21.

Larkin and Gingrich agreed under Issa's questioning that no bonds under Federal Rule 65 have been required in these injunction cases, raising a potential enforceability issue3:51:073:52:24.

Metadata

CommitteeHouse Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet
Chamber / CongressHouse · 119th Congress
Date2025-04-01
TypeHearing
Witnesses
The Honorable Newt Gingrich — Former Congressman for Georgia, 50th Speaker of the United States House of Representatives
Ms. Cindy Romero — Victim of criminal activity perpetrated by Tren de Aragua
Mr. Paul Larkin — John, Barbara, and Victoria Rumpel Senior Legal Research Fellow, Edwin Meese III Center for Legal and Judicial Studies
Ms. Kate Shaw — Professor of Law, University of Pennsylvania
Videoyoutube
Transcript575 caption blocks · 41,170 words · 5:36:49 runtime
EventCongress.gov 118073