At today's Senate Judiciary Committee hearing, Sen. Ted Cruz (R-TX) spoke to witnesses about the use of universal injunctions by judges.
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NewsTranscript
00:00Thank you, Senator Whitehouse. Senator Cruz.
00:02It's long been said that hypocrisy is the tribute that vice pays to virtue. I have to admit,
00:09I'm enjoying listening to my Democrat colleagues suddenly discover the virtues of the rule of law
00:15after four years where they brazenly supported the most lawless Department of Justice and the
00:19most politically weaponized Department of Justice our nation has ever seen.
00:24We just heard the senator from Rhode Island talk about the imperative of protecting judges.
00:29And yet not a single Democrat senator cared about the violent protesters that showed up
00:34outside Supreme Court justices' homes, including, I might note, female justices,
00:38like Justice Amy Coney Barrett, threatening their family. And Joe Biden's attorney general
00:43didn't do a damn thing and refused to enforce the law to protect those judges. Why? Because
00:49he agreed with the violent protesters and he wanted to intimidate and threaten those judges.
00:53Professor Bray, under our constitution,
01:02who should decide elections, the voters or unelected judges?
01:09The voters are the ones who should vote in the election according to the
01:13the laws and the laws sometimes have to be applied by the judges.
01:16And under our constitution, who is charged with making policy decisions,
01:22elected representatives elected by the people or unelected federal judges?
01:28I think the question of policy, Senator, is a little broader than the particular case. So
01:34the basic law should be enacted by Congress. That's where the fountain of policy decisions
01:39are the elected branch. Right. Law is the is the province of the court. Policy is the province
01:43of the elected branches. These are not complicated. Professor Bray, let me ask you this.
01:48Do the federal courts have power to issue remedies for people who are not parties to a case?
01:55That's a question I agree is not complicated. They do not have that power.
01:59Is the phrase nationwide injunction or universal injunction found anywhere in the Constitution?
02:04It is not. First chart. The first hundred and fifty years of our republic, how many
02:10nationwide injunctions were issued? My view is that there were not any until 1963.
02:15Zero. Now, fast forward. How many how many nationwide injunctions were issued in the
02:20entire 20th century? It's a small number. I would I would think it would be a dozen,
02:28give or take. It's not large. Twenty seven, actually. Excluding Trump's first term,
02:36how many nationwide injunctions were issued in the last 20 years?
02:41Far more than that. Thirty two from 2001 to 2024 against Biden, Obama and Bush.
02:49Thirty two. And how many nationwide injunctions have been issued in the last two months alone?
02:57There have been quite a few. Thirty seven. Let that sink in. There have been
03:04more nationwide injunctions in the past two months against President Trump
03:09than in the entire 20th century. There have been more nationwide injunction against President
03:15Trump in the last two months than both terms of George W. Bush, both terms of Barack Obama
03:22and Joe Biden's term. We saw during the Biden presidency lawfare indicting President Trump
03:30four times using the machinery of justice to attack him. And that was an attack on democracy
03:36because Democrats today hate democracy. Democrats today are angry at the voters for reelecting
03:45Donald Trump and electing a Republican Senate and a Republican House. And they engaged in
03:49lawfare to stop democracy from operating. Understand, this is the second phase of
03:58lawfare. Second chart. This is the second phase of lawfare. Now that their efforts to indict
04:05President Trump and stop the voters from reelecting him have failed, they're going and seeking out
04:10individual radical judges to try to shut down policies. And they are forum shopping like crazy.
04:18Give give me any loon judge put on the bench by Obama or Biden who disagrees with a policy. We
04:25just saw a judge flagrantly ignore U.S. immigration law concerning TPS being revoked. U.S.
04:34law explicitly said there's no judicial review for that. But hey, they found a judge who says,
04:39you know what? We, the Democrat Party, we are the party of illegal aliens. We are the party
04:44of murderers and rapists and gang members. And the Democrat Party exists here to fight to keep
04:52murderers and rapists and gang members in your communities. There's a reason the Democrat Party
04:57is at 26% approval nationwide because they put radical policies ahead of rule of law.
05:08Nationwide injunctions are an abuse of power. It is the judiciary acting as policy deciders,
05:16and it is incumbent on this committee and this body to rein in the abuse of power from these
05:22unelected radical judges who are trying to overturn the election because they disagree
05:29with what the voters decided. Thank you, Senator Cruz.