Rogue Robes Activist Judges Who Think They Outrank the President

By: Amil Imani

The American system was founded on a simple idea: three branches of government, each with its distinct role. The president executes the law, Congress creates it, and the judiciary interprets it. However, at some point, activist judges became more than just referees; they began to see themselves as emperors, wielding gavels like scepters and rewriting the rules to fit their own desires. These black-robed radicals believe they possess more power than the president, and it’s time for conservatives to confront them as the tyrants they have become.

Consider the immigration saga under Donald Trump. In 2017, Trump issued an executive order—a travel ban targeting countries plagued by terrorism. It was bold, unapologetic, and squarely within his constitutional authority to protect national security. Then came the activist judges. Federal courts in Hawaii and Washington state blocked the order, with unelected judges like James Robart and Derrick Watson acting as armchair commander-in-chief. Their rationale? Trump’s campaign rhetoric caused hurt feelings, so the policy must be discriminatory. Forget the Constitution or the will of the voters who placed Trump in office—these judges concluded that their moral superiority outweighs executive power. The Supreme Court ultimately upheld the ban, but not before years of chaos demonstrated the reality: activist judges do not interpret the law; they create it.

Then there’s the abortion racket. For decades, Roe v. Wade stood as a symbol of judicial overreach, a 1973 decision concocted from thin air by justices who discovered a “right” to abortion lurking in the shadows of the Constitution. Fast forward to 2022, when Dobbs v. Jackson Women’s Health finally overturned it, returning the issue to the states. You’d think that would settle things, but activist judges aren’t finished. In states like Ohio and Michigan, lower courts have rushed to block pro-life laws, twisting state constitutions into pretzels to keep the abortion mills operational. These judges don’t care that Dobbs stripped their federal protection – they’ll concoct new rights faster than you can say “living document.” They’re not answering to voters or executives; they’re answering to Planned Parenthood and the progressive elite.

What about guns? After Trump’s ATF tried to crack down on bump stocks – those nasty little devices that turn rifles into machine guns – activist judges swooped in again. 2023, the Fifth Circuit struck down the ban, with judges like Jennifer Walker Elrod arguing that the agency had overstepped. Fair enough, except the pattern repeats: courts don’t just check the executive – they supplant it, deciding policy from the bench. Meanwhile, in blue states, judges uphold every gun control scheme the Left dreams up, ignoring Bruen (2022), where the Supreme Court demanded strict historical scrutiny. These aren’t rulings; they’re power grabs, with judges picking winners and losers based on their politics, not the Second Amendment.

The arrogance is staggering. Millions elect presidents and are accountable to the people every four years. Judges, however, are appointed for life, insulated from consequences, yet they behave as if they run the show. When Trump attempted to end DACA—Obama’s illegal amnesty-by-fiat—courts blocked him, with judges like Nicholas Garaufis in New York asserting that the move was “arbitrary.” But when Biden pushes climate edicts or vaccine mandates, activist judges support him and rubber-stamping executives overreach as long as it’s their guy. The double standard is evident, but the message is clear: these judges believe they’re above the Oval Office, holding veto power that no election can challenge.

This isn’t what the founders intended. Article III of the Constitution assigns courts a limited role: to resolve “cases” and “controversies,” not to dictate national policy. Alexander Hamilton referred to the judiciary as the “least dangerous” branch, lacking the purse of Congress or the sword of the executive. But tell that to the modern judiciary, where lifetime appointees like Ruth Bader Ginsburg (before her passing) and Sonia Sotomayor treat the bench as a progressive throne, issuing decrees that undermine tradition and sovereignty. They don’t just see themselves as ranking above the president—they consider themselves above us all.

Conservatives must take action. Demand that Senate Republicans thoroughly question judicial nominees — no more stealth activists slipping through. Advocate for term limits for federal judges; life tenure was never intended to create demigods. And when rogue judges act, governors and presidents should channel Andrew Jackson: “The court has made its decision; now let them enforce it.” The judiciary has no army – its power depends on compliance, and we don’t have to go along with it.

Activist judges aren’t the guardians of justice; they are usurpers in robes, intoxicated by their authority. They have transformed courts into super-legislatures, bypassing both presidents and voters. The Right cannot remain passive while these petty tyrants dismantle our republic. It’s time to strip the emperor’s clothes and remind them: in America, the people rule—not the gavel.