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Will Trump’s autopen executive order de-bench 237 leftist federal judges (including Ketanji Brown Jackson)?
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Will Trump’s autopen executive order de-bench 237 leftist federal judges (including Ketanji Brown Jackson)? By Andrea Widburg Nov. 29, 2025 (For more on the ramifications of this order, check out this post: https://www.americanthinker.com/blog...residency.html) On Thursday, I wrote that leftist judges on the bench are creating a form of tyranny, for they have arrogated to themselves the constitutional power of the Executive branch of government. There is no more balance. According to the Democrat appointees on the bench, none of Trump’s actions are solely within the discretion of the democratically elected chief executive. Instead, all are subject to judicial review and approval. The day after I wrote that essay, Trump issued a statement via Truth Social voiding every document that was signed with an Autopen during Joe Biden’s presidency and threatening Biden along the way: Any document signed by Sleepy Joe Biden with the Autopen, which was approximately 92% of them, is hereby terminated, and of no further force or effect. The Autopen is not allowed to be used if approval is not specifically given by the President of the United Some have pointed out that this order is merely performative, since one president can always undo another’s executive orders. As an aside, that line of argument is untrue. As we’ve seen, district courts have repeatedly held that Donald Trump cannot reverse the executive orders of previous presidents. That’s the special unwritten Donald Trump rule. Their rulings are always dressed up in fancy language and erroneous legal arguments, but the net result has been that what other presidents do, Trump cannot undo. (ChatGPT struggles with this concept, but you can get the idea of what’s going on here.) More important than that argument’s inaccuracy is a practical reality: Voiding all of Biden’s Autopen signatures doesn’t just end policy Executive Orders. In theory, it also ends every judicial nomination Biden made, from Ketanji Brown Jackson on down. This matters a great deal, not just because of Jackson, but because Biden was able to nominate the largest number of federal judges in a single term since the Carter administration, 235 in all. Most of them have proven to be distinguished only by their “diversity,” not their intelligence, legal acumen, or fidelity to the Constitution and the rule of law. I didn’t come up with this argument on my own. Others immediately noticed the ramifications of the Autopen order. However, since I first saw this theory in a social media post by Christina Aguayo, I will use her well-analyzed, balanced post to examine the argument. So far, I haven’t figured out what the holes are (if any exist) that make her argument too good to be true:
Naturally, the matter will end up before the Supreme Court, and that’s where things get interesting. Jackson will have to recuse herself, leaving a six-to-two conservative majority. If the conservative justices were like leftists and ruled solely according to their political orientation, all those leftist federal judges, including Jackson, would be gone. However, conservative justices don’t rule that way. They actually follow the law. Moreover, Roberts, Gorsuch, and Coney Barrett have proven to be very wary of upsetting any apple carts, no matter where the law leads, and they often get Kavanaugh to trail in their wake. That means that the squish conservatives might find a way to stop Trump from invalidating the Autopen signatures, even though Biden’s mental incapacity and testimony about his disconnect from every document that the Autopen signed should void all those documents. The American people elected Joe Biden, but unelected shadow figures were running the government, with Biden as their puppet. However, the one thing that might help the squish conservatives is the fact that Jackson has proven to be a nightmare on the Court, controlled by feelings, not facts or law, and seemingly written by AI in teen mode. The always sweet Coney Barrett brutally slapped her down, and, as Jackson attacks her colleagues on the left, even they seem to have had their fill of her. The opportunity to rid themselves of this troublesome judge might steer them into correctly applying Article II, Section 3, and Marbury v. Madison. Things are about to get very interesting. ---------------- Link: https://www.americanthinker.com/blog...n_jackson.html . |
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