Let the President Be the Commander-in-Chief

Lower court judges persist in trying to block President Trump’s agenda.The fact that Mr. Trump was overwhelmingly elected by the voters, including in the popular vote and all the swing states, seems to have escaped these various judges on the judicial appeals ladder. And even the Supremes weren’t elected by the voters.But the president was.Mr. Trump has won a few big ones in the courts — on immigration, reducing the federal work force, and firing various Biden commissioners and appointees.It’s a pity the Supremes had to step in and rule on all of these. Essentially, they were reprimanding left-wing judges who literally make up reasons to block Mr. Trump. And then they get overturned. Because they just make stuff up.There are two important outstanding cases.First, the firing of a Fed board member, Lisa Cook. The allegations of her mortgage fraud are very strong. Any chief executive would’ve fired her. Yet the district judge literally made up an argument that government offices, jobs filled by appointments by the president, are somehow private property, and therefore deserving of an appeals process.There’s no such law.So now the Supreme Court is forced to take this up and clog up its schedule with something that should’ve been settled very simply.Ms. Cook was fired by the president, and shall remain fired by the president.Then, there’s the case of the emergency tariff authority, via the International Emergency Economic Powers Act, where another district judge placed himself in front of Mr. Trump’s entire reciprocal trade policy that is now in place literally around the world.Mr. Trump is using emergency powers because it’s an urgent issue.The Supremes have set November 5 for a hearing. Yet trade policy is a crucial part of foreign policy. And foreign policy is the domain of the commander-in-chief.Every major trade decision or negotiation made by Mr. Trump, whether it’s with the European Union, or Japan, or USMCA-Mexico-Canada, or Communist China, or India — all of it has enormous foreign policy implications.And that is a presidential, commander-in-chief, prerogative.The Supreme Court doesn’t have to rule on this.And, by the way, the Supreme Court is not going to want to get into the middle of a $300 billion-some odd tariff rebate financial mess.Someday, perhaps these district judges will muster some humility and let presidents elected by voters fulfill the policies that our democracy expects them to.Lefty judges — get out of the way. And let the president be president.From Mr. Kudlow’s broadcast on Fox Business Network.

Let the President Be the Commander-in-Chief

Let the President Be the Commander-in-Chief

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