The disquieting spectacle of three unelected judges (all appointed by President Barack Obama) enjoining the signature initiative of the newly inaugurated President Donald Trump, without even citing the statute—8 U.S.C. section 1182(f)—that expressly authorizes the action they just stopped, has focused public attention as never before on the threat posed by liberal judicial activism to our system of self-government.
Commentators, some of whom who were not and still are not fans of President Trump, have compared these outrageous rulings to a judicial coup d'etat. The courts' “reasoning” is highly questionable, but the greater concern is that judges simply have no policymaking role in the fields of immigration law and national security. What can be done to rectify this disgraceful judicial usurpation?