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Floor Speech

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Mr. BARRASSO. Mr. President, last Friday, President Trump signed into law our historic legislation to deliver safety and prosperity for the American people. Every Democrat in this Chamber voted against it.

So, once again, Democrats do what they do: They turn to the courts to try to undo what Congress has done. This time, it is about the government funding of Planned Parenthood.

Now, we just heard the minority leader come to the floor and say: People want fair judges who will uphold the law. By Monday afternoon, Democrats had filed a lawsuit in Boston, MA, challenging the very law that was just signed on the Fourth of July.

Now, I have spoken about this Massachusetts district court in the past. Look, this is one of the Democrats' favorite venues when they want to obstruct the law--the law of the land. That is because 11 of the 13 judges were appointed by Democrat Presidents.

Well, by Monday evening, an unelected district court judge appointed by President Obama granted a temporary injunction--there they go again, another temporary injunction--blocking the law of the land. The judge did not issue a legal opinion or explain her decision. Instead, this one, lone judge, who has a history of radical rulings and partisan activism from the bench, halted the duly enacted law. As a result, millions of taxpayer dollars could be forced to be spent. This is money that taxpayers will never be able to recover.

One judge in one district trying to dictate and derail national policy and a national law--this is another example of radicals in robes undermining the elected branches of our government.

As Law Professor Elizabeth Foley recently wrote in the Wall Street Journal, the separation of powers is ``under assault by rogue judges claiming national power.''

Over 40 nationwide injunctions have been filed against the Trump administration in the first 6 months. Thirty-five of them were issued by district courts in just four States and the District of Columbia-- California, Massachusetts, Maryland, and Washington State. This is nearly triple the number of injunctions that President Biden faced his entire 4 years in office.

Look, Democrats continue to use the courts to try to reverse President Trump's popular policies. Democrats aren't seeking an unbiased review; they are using the courts as a political tool. It is not how the Constitution is supposed to work.

Even Supreme Court Justice Elena Kagan, an Obama appointee, has opposed nationwide injunctions. In 2022, Justice Kagan said:

It just can't be right that one district judge can stop a nationwide policy in its tracks and leave it stopped for the years it takes to go through the normal process.

I agree with Justice Kagan.

The Supreme Court has recently and repeatedly taken steps to rein in these radical judges. The Supreme Court has overturned 11 injunctions against the administration just since January. That includes Tuesday's 8-to-1 order in the case of Trump v. American Federation of Government Employees.

This abuse of the courts needs to end. That is why I support the Judicial Relief Clarification Act. This legislation was written by the chairman of the Judiciary Committee, Chuck Grassley of Iowa. His legislation would limit lower courts from using sweeping injunctions to block national policies.

Additionally, the Senate must move quickly to confirm judges who apply the laws as written, not judges who try to legislate from the bench.

Later today, we are going to begin the process of confirming President Trump's first judicial nominee this term. It is for President Trump's nominee to serve on the Sixth Circuit Court of Appeals. Her name is Whitney Hermandorfer. She is smart. She is tough. She is ready to serve. She has the full backing of her home State Senators, Senator Blackburn and Senator Hagerty of Tennessee. She also has the support of the chairman of the Judiciary Committee, Senator Grassley.

Mr. President, the Constitution is clear: Congress controls Federal spending. The power of the purse belongs to Congress--doesn't belong to unelected district court judges with a gavel and a grudge.

The American people deserve better. Enough is enough. It is time to restore constitutional order. It is time to rein in rogue judges. It is time to confirm judges who respect the rule of law.

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