Runaway judges, rogue rulings — and JD Vance is having none of it

Wall Street Journal columnist Kimberley Strassel recently launched an unexpectedly harsh attack on Vice President JD Vance in her piece, “Vance Courts Trouble for Trump.” Strassel took issue with Vance’s criticism of the Supreme Court — specifically Chief Justice John Roberts — for refusing to rein in lower courts that continue to block the president’s immigration enforcement efforts. Vance had condemned what he called the “profoundly wrong sentiment” that the judiciary exists to “check the excesses of the executive.” Strassel responded by warning Vance to stop bad-mouthing “Trump’s greatest legacy and biggest asset — the Supreme Court.”

But why should Trump muzzle his vice president? Why should he sit quietly while the very judges he fought tooth and nail to confirm — despite often violent opposition from the Democrats — now obstruct his efforts to secure the border and deport criminal aliens?

Yes, the Wall Street Journal prefers to cast itself as a centrist paper taking aim at both sides. But that posture doesn’t match the moment we’re in.

If Vance’s criticisms count as “political malpractice,” then so did the actions of several American presidents. Thomas Jefferson, for instance, pushed through the Judiciary Acts of 1801 and 1802, which cut the number of Supreme Court justices and stripped them of their circuit-riding duties. Jefferson acted to dismantle the Federalist “Midnight Appointments” rushed through by outgoing President John Adams.

In Marbury v. Madison (1803), the Supreme Court claimed the power of judicial review — something not granted by Article III of the Constitution, by the way. Even then, Chief Justice John Marshall, a staunch Federalist, stopped short of challenging Jefferson directly. He didn’t try to compel the president to seat William Marbury, the would-be justice of the peace Adams had appointed in his final hours. Marshall asserted the court’s authority but avoided provoking a constitutional crisis.

Today’s activist judges show no such restraint. Unlike Marshall, they challenge the executive branch at every turn — and always in one direction. Vance’s criticism doesn’t reflect political malpractice. It’s an overdue reality check.

We’re now dealing with a runaway judiciary. Democrat-appointed federal district judges continue to block lawful presidential functions for openly partisan reasons. It’s unclear what authority these judges claim when they prohibit Trump from deporting even violent criminal aliens — many of whom Democrats welcomed in to inflate future voter rolls.

Vance’s expectation — that the Supreme Court, especially the justices Trump fought to confirm, would step in to curb the excesses of lower courts — makes perfect sense. Contrary to Strassel’s framing, Vance isn’t succumbing to some reckless “temptation” by criticizing Chief Justice John Roberts and his Republican colleagues. He’s stating the obvious: The court’s failure to rein in rogue judges undermines the president’s constitutional authority.

Strassel’s shrug-it-off mentality — “win some, lose some” — won’t cut it here. This fight matters. Trump cannot afford to lose.

Consider the hypocrisy. Presidents Clinton and Obama removed removed multitudes of illegal aliens when doing so served their political interests. Back then, Democrats still courted blue-collar workers and didn’t want unskilled illegal labor undercutting their base. They didn’t insist on due process or invite obstruction from the courts. They acted decisively.

RELATED: Trump must defy rogue judges or risk a failed presidency

Photo by Win McNamee/Getty Images

Now, Strassel insists that Trump must accept lengthy hearings before removing even the most dangerous illegal aliens. That’s a formula for paralysis, not justice. Meanwhile, Democrat judges didn’t blink when the Biden administration opened the floodgates and allowed 10 to 20 million illegals to pour into the country. Trump has every right to expect that the Supreme Court — not least the justices he carried over the finish line — would finally restore order and let him carry out the mission he was elected to complete.

And enough with the double standard. The populist right gets lectured about decorum while the left ignores every rule with impunity. Democrats tried to pack the courts with ideologues, launched smear campaigns against nominees, and encouraged mobs to hound justices who ruled against them. Their media allies cheered them on and still call for removing conservative justices like Clarence Thomas any time the court hands down an opinion they dislike.

This isn’t a fair fight. The right is battling from behind, and Strassel’s call for restraint sounds almost unserious in this context. Yes, the Wall Street Journal prefers to cast itself as a centrist paper taking aim at both sides. But that posture doesn’t match the moment we’re in. Vance’s criticism didn’t go too far — it didn’t go far enough. His comments were mild, measured, and overdue. And if they rattled Strassel’s sensibilities, that says more about her perspective than his.