Sens Mike Lee, Josh Hawley propose legislation to prevent judicial abuse, overreach

Lee's bill, called the Restraining Judicial Activists Act of 2025, first reported on at the Washington Examiner, seeks to check the powers of district court judges that have ruled against decisions made by the executive branch. The act would create a three-judge court to oversee rulings opposed to actions from the executive branch, such as executive orders.

Lee said of the bill, “America’s government cannot function if the legitimate orders of our Commander in Chief can be overridden at the whim of a single district court judge. We have seen them presume to run the military, the civil service, foreign aid, and HR departments across the Executive Branch — blatantly unconstitutional overreach."

“My legislation will create a judicial panel to expedite Supreme Court review of these blanket injunctions, preventing unelected radicals in robes from sabotaging the separation of powers," Lee added. The judges on the panel checking orders made against the executive branch would be chosen by the chief justice of the Supreme Court of the United States.

The bill states, "No temporary restraining order, stay, preliminary injunction, or other equitable relief may be granted" against the executive branch's decisions unless there is a majority of the three judges on the panel that agree with the action taken by the lower federal judge.

Hawley's bill, named the "Nationwide Injunction 5 Abuse Prevention Act of 2025," seeks to "end liberal judges’ serial abuse of power by banning nationwide injunctions" from federal district courts.

“Unelected district judges are usurping the authority of a duly-elected president and dictating national policy for 330 million Americans,” Senator Hawley said of the bill. “Congress must stop this unconstitutional weaponization of the judiciary. My bill would be a critical step toward doing just that.”

On Monday, Hawley wrote on X, "Today I am introducing my bill to STOP liberal judges’ serial abuse of their power by BANNING nationwide injunctions."

Both bills come in reaction to the multiple legal orders that district courts have brought against the Trump administration concerning issues like deportation and the firing of federal workers.

Constitutional Lawyer at the Southeastern Legal Foundation Kim Hermann told The Post Millennial concerning the various court cases sparked by lawsuits against the Trump administration, "America’s constitutional system is at a crossroad right now where even Supreme Court justices are calling out our lower courts’ 'self-aggrandizement' of jurisdiction and power. The American people deserve an independent judiciary that leaves politics at the courtroom door and issues rulings only after giving the parties a fair hearing."

One case that has been brought under the spotlight in national media is one in which US District Judge James Boasberg ordered in a hearing that the Trump administration turn around planes deporting Tren de Aragua gang members who were en route to El Salvador earlier this month.

The Trump administration followed through with the deportation of those on the planes, arguing that they were already in international air space under the power of the Alien Enemies Act by the time the judge's written order was filed. Boasberg has refused to end a block on the Trump administration deporting any others using the act.