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Thick As A Brick – Judicial Activism Thwarts Trump’s Mandate At Every Step

The Left’s Legal Army Wields Due Process to Sabotage Trump’s Commonsense Reforms.

When Trump launched his disciplined presidential campaign more than two years ago, many questioned how a candidate who had denied the results of the 2020 election and faced multiple legal battles could win.

Yet, when the history of Trump's remarkable return is written—making him the first president in nearly 130 years to serve non-consecutive terms—it will be clear that his victory had little to do with ideology. It wasn't about being conservative or liberal. Instead, it was rooted in a message that resonated deeply with Americans: a call to restore common sense to Washington.

Trump's appeal was his relatability. He promised to bring back the kind of practical thinking that aligned with how most Americans solve problems in their daily lives. Most Americans aren't obsessed with ideology; they want practical solutions to everyday challenges—affording groceries, running a household, raising children, and feeling safe in their communities. This was the line of reasoning that led him—and millions of his supporters—to question the legitimacy of the 2020 election. How could Joe Biden, a nearly senile candidate who campaigned largely from his basement in Delaware, receive 81 million votes—more than any president in history, even more than Barack Obama, a figure revered by the left?

The media and political establishment were quick to dismiss such questions, insisting Biden's win was genuine. But the facts told a different story. Biden's margin of victory came down to just 44,000 votes spread across three swing states. These votes were overwhelmingly from mail-in ballots—a method Trump had consistently criticized as prone to fraud. His warnings were dismissed as conspiratorial, but to many voters, they made sense.

Trump's message of common sense governance resonated far beyond partisan lines. So, when Trump said that other countries were taking advantage of the U.S. through weak trade deals and that American manufacturing needed to be revitalized, voters nodded in agreement. When he said America was being overrun by illegal immigration, they understood it as they were witnesses to it each day on the evening news, if not observing how their communities changed. The average voter didn't buy into politically correct euphemisms like "undocumented persons." These individuals had broken U.S. law by entering the country illegally, and to ordinary Americans that made them illegal immigrants.

This return to common sense clashed directly with judicial overreach in the federal court system. Contrary to media narratives, Trump wasn't pushing radical new laws. He was trying to enforce existing ones. And if those laws were ambiguous or outdated, he was prepared to rely on the Supreme Court's ruling last summer, which affirmed that a president's powers under Article II of the Constitution are broad.

In the TIPP Poll completed last Friday, nearly half of Americans (46%) give the Trump Administration an A or B grade on immigration and border security, with Republican support especially strong at 76%. Even among independents, over a third give good marks. The data highlights growing public frustration with a legal system seen as blocking commonsense enforcement efforts.

New polling from TIPP shows just how strongly the public supports Trump's approach despite legal opposition.

The Trump administration began exploring legal avenues to deport the estimated 19 million illegal aliens who had arrived in the country over the last three years. These individuals did not follow the appropriate legal process by applying for asylum through U.S. consulates. Instead, they crossed the border in large numbers and presented themselves to overwhelmed immigration authorities, hoping to exploit a backlogged and understaffed judicial system. It wasn't an armed invasion, but it was, in effect, an invasion.

To tackle this crisis, Trump invoked the Alien Enemies Act of 1798—legislation historically used in wartime to detain or deport nationals of hostile nations—to deport 250 Venezuelan nationals who had crossed the border illegally. The American Civil Liberties Union (ACLU) stepped in, challenging the deportations on due process grounds. Many Americans questioned why individuals who had blatantly violated immigration laws were entitled to full constitutional protections. The system seemed rigged against law-abiding citizens.

Initially, the Supreme Court allowed the deportations to proceed while noting that each individual must be afforded time between targeting and removal. It was the first sign of judicial hesitation toward the Trump administration's reliance on common-sense enforcement strategies. The irony wasn't lost on the public: federal judges and the ACLU had said nothing when those millions entered the country illegally. Still, they now insisted on robust procedural rights for those same individuals.

A similar situation unfolded when President Trump sought to revoke Temporary Protected Status (TPS) for 550,000 immigrants from three countries. These protections had been extended arbitrarily under President Biden at the peak of the illegal border crossings—perhaps without his full awareness—and were intended to be, as the name implies, temporary. TPS recipients could apply for work permits and Social Security numbers, but their status was never meant to be permanent.

When Trump moved to end TPS, the Left again turned to the courts. In this instance, Judge Indira Talwani of the federal district court in Massachusetts blocked the move, arguing that the administration could not revoke protections without justifying why Biden's executive decision should be undone. Further, she demanded that each of the 550,000 TPS recipients be afforded due process—a process that could take decades. How could the court say that every single TPS recipient is entitled to an individual hearing for a status meant to be temporary? Eventually, in a face-saving decision, the judge allowed the recipients to be treated as a class, admitting that individual hearings were impractical.

Last week, the Supreme Court, the last vestige of common sense in our court system, agreed to hear an emergency appeal from Trump and ruled 7–2 to allow TPS revocations. Though the decision was unsigned, Justices Sotomayor and Jackson authored strong dissents. Even Justice Amy Coney Barrett, who routinely aligns with the Court's liberal wing, appeared to side with the majority. Justice Kagan, notably, did not dissent—a sign that the ruling likely had a solid 7–2 majority.

Now, all eyes are on the next critical decision: whether the Supreme Court will restrict federal district judges from issuing nationwide injunctions. If the Court rules that such judges may only grant relief to plaintiffs within their districts, it will mark a long-overdue return to common sense and sanity in the judicial process. It is a decision that cannot come soon enough.

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TIPP Market Brief – June 3, 2025

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🧠 Macro Insight

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