Tom Cotton calls upon Supreme Court to ‘rein in rogue federal judges’
In a recent statement, Senator Tom Cotton (R-AR) urged the Supreme court to take action against what he perceives as overreach by federal judges, whom he describes as “rogue.” His comments were prompted by a ruling from District Judge Paula Xinis, which mandated the Trump administration to facilitate the return of Kilmar Abrego Garcia, a Salvadoran national linked to the MS-13 gang. Cotton criticized the judgeS authority to influence foreign policy decisions, asserting that such matters should not be overstepped by the judiciary. He pointed out that the Supreme Court had already intervened,requiring Xinis to clarify her ruling. Cotton has also supported legislative efforts, including the No Rogue Rulings Act, aimed at limiting the ability of district judges to issue nationwide injunctions.He emphasized the need for more judicial restraint, particularly from judges he deems to be acting as policymakers rather then neutral arbiters of the law.
Tom Cotton calls upon Supreme Court to ‘rein in rogue federal judges’
Sen. Tom Cotton (R-AR) said that if the Supreme Court does not intervene, federal judges will drift further away from being “neutral jurists.”
District Judge Paula Xinis issued a ruling earlier this month ordering President Donald Trump’s administration to “facilitate and effectuate” the return of Kilmar Abrego Garcia, a Salvadoran national who had been living in Maryland and was deported after immigration officials tied him to the MS-13 gang. Since her ruling, the Supreme Court has issued its own, only requiring that the administration “facilitate” his return and asked Xinis to elaborate on her use of “effectuate.”
“This far-left Obama judge in Maryland is now demanding the president somehow sit down with a foreign leader and come to terms to return an MS-13 wife-beater,” Cotton said Sunday on Fox News’s Life, Liberty, and Levin.
“This judge has no authority to intervene in the president’s conduct of foreign policy,” Cotton added. “Even the Supreme Court said that she didn’t have that kind of authority.”
Through 2023, the Trump administration had faced about two-thirds of all injunctions during the past four administrations, according to the Congressional Research Service. As of March 27, judges had already handed down 17 more injunctions against the Trump administration. Meanwhile, former President Joe Biden had only 14 through three years of his presidency.
“A lot of these liberal judges, they love the limelight, they get tired of presiding over contract disputes or minor drug cases, so rather, they want to insert themselves into the conduct of foreign policy or stopping administrative action that applies not just in their own states but in the entire country,” Cotton said. “The Supreme Court needs to take steps to rein in these rogue federal judges that want to be policymakers as opposed to neutral jurists.”
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As a result, Rep. Darrell Issa (R-CA) introduced the No Rogue Rulings Act to curtail district judges from issuing nationwide injunctions. The legislation mirrors three other bills proposed by Sens. Chuck Grassley (R-IA), Mike Lee (R-UT), and Josh Hawley (R-MO).
Cotton cosponsored Hawley’s Nationwide Injunction Abuse Prevention Act of 2025. Lee cosponsored Grassley’s legislation on the matter, titled the Judicial Relief Clarification Act.
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