Columbia Standard

In a recent speech on the Senate floor, U.S. Senate Democratic Whip Dick Durbin (D-IL), who serves as the Ranking Member of the Senate Judiciary Committee, addressed concerns over actions by the Trump Administration that he believes are aimed at intimidating judges and undermining the rule of law. Durbin sought unanimous consent to pass a resolution affirming that judicial power is vested in federal courts by the Constitution and that both the Constitution and established precedent mandate compliance by the executive branch with all federal court rulings. However, U.S. Senator Chuck Grassley (R-IA) objected to this request.

Durbin highlighted statements from administration officials and allies criticizing federal judges and questioning judicial review processes. He pointed out that Elon Musk has called for impeaching federal judges and questioned their lifetime appointments, which are enshrined in Article III of the Constitution. Dan Bongino, President Trump's choice for Deputy Director of the FBI, suggested creating a fake courtroom in the White House where judicial decisions could be made unilaterally.

A nominee for a senior position at the Department of Justice recently testified before the Senate Judiciary Committee about public officials' obligations to court decisions, stating there is no absolute rule requiring adherence in every instance. Vice President Vance falsely claimed on social media that "judges aren’t allowed to control the executive’s legitimate power," while President Trump posted: "He who saves his Country does not violate any law."

“These efforts to intimidate judges and undermine the rule of law do not stop with these statements,” Durbin stated. He noted that Speaker of the House expressed agreement with Vice President Vance's views, urging courts to reconsider their stance. Additionally, three members of Congress have introduced articles of impeachment against federal judges who ruled against Trump Administration policies.

Durbin warned that such remarks threaten constitutional order and separation of powers: “When it comes to interpreting and applying the law, courts have the last word.” He emphasized respect for court orders despite disagreements: “We cannot allow any administration to defy a court order—and we cannot stand idly by as [they] undermine...the judiciary.”

The resolution introduced by Durbin reiterates constitutional principles regarding judicial authority and executive compliance with court rulings. He urged fellow senators to support this affirmation: “These are not partisan talking points...but basic principles of constitutional law.” The resolution has garnered support from several Democratic senators including Chris Coons (D-DE), Richard Blumenthal (D-CT), Amy Klobuchar (D-MN), among others.