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Republicans eye actions against the courts and judges as Trump rails against rulings

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Republicans eye actions against the courts and judges as Trump rails against rulings
News

News

Republicans eye actions against the courts and judges as Trump rails against rulings

2025-03-26 05:30 Last Updated At:05:50

WASHINGTON (AP) — Angry over the crush of court rulings against the Trump administration, Republicans in Congress are trying to slap back at the federal judiciary with proposals to limit the reach of its rulings, cut funding and even impeach judges, tightening the GOP's grip on government.

House GOP leaders say all options are under consideration as they rush to rein in judges who are halting President Donald Trump’s actions at a rapid pace. In many cases, the courts are questioning whether the firings of federal workers, freezing of federal funds and shuttering of long-running federal offices are unlawful actions by the executive branch and Elon Musk's Department of Government Efficiency.

In perhaps the most high-profile case, Judge James E. Boasberg ordered planeloads of deported immigrants to be turned around, raising the ire of Trump, who called for his impeachment, and billionaire Musk, who is funneling campaign cash to House Republicans backing impeachment efforts. The president calls the judges “lunatics.”

House Speaker Mike Johnson said Tuesday that “desperate times call for desperate measures" without mentioning impeachment.

“We do have authority over the federal courts, as you know," the Republican speaker said. "We can eliminate an entire district court. We have power of funding over the courts, and all these other things.”

Not yet 100 days into the new administration, the unusual attack on the federal judiciary is the start of what is expected to be a protracted battle between the co-equal branches of government, unmatched in modern memory. As the White House tests the judiciary, trying to bend it to Trump's demands, the Congress, controlled by the president’s own Republican Party, appears ready to back him up.

It all comes as the Supreme Court last summer granted the executive broad immunity from prosecution, setting the stage for the challenges to come. But Chief Justice John Roberts warned more recently that “impeachment is not an appropriate response to disagreement concerning a judicial decision.”

Democrats are warning against what they view as an assault on the judicial branch, which so far has been the only check against Trump and DOGE’s far-reaching federal actions. Threats against the federal judges, already on the rise, remain of high concern.

“It is outrageous to even think of defunding the courts," said Senate Democratic Leader Chuck Schumer, reacting to the House speaker's claims. "The courts are the bulwark against Trump, and the Republicans can’t stand it.”

House GOP leaders met Tuesday with Rep. Jim Jordan, the chairman of the House Judiciary Committee, which will hold a hearing on the issue next week. The House is also expected to vote on a bill from Rep. Darrell Issa, R-Calif., that would limit the geographic reach of certain federal rulings, to prevent temporary restraining orders from being enacted nationwide.

Jordan said he also spoke Saturday with Trump during college wrestling championships in Philadelphia.

“All options are on the table,” Jordan said late Monday. “We want to get the facts. Gather the facts.”

Since Trump took office, and with Musk, on a mission to dramatically reduce the size and scope of the federal government, the administration’s tech-inspired move-fast-and-break-things ethos has run up against the constraints of federal law.

An onslaught of court cases has been filed by employee groups, democracy organizations and advocacy groups trying to keep federal programs — from the U.S. Agency for International Development to the Education Department — from being dismantled.

Judges have issued various types of restraints on Trump’s actions. Trump's first administration alone accounted for 66 percent of all the injunctions issued on presidential actions between 2001 and 2023, according to data from a Harvard Law Review piece circulated by Republicans.

The legislation from Issa had no support from Democrats when it was approved by the Judiciary Committee last month. A similar bill was introduced Monday by GOP Sen. Josh Hawley of Missouri.

Rep. Jamie Raskin, of Maryland, the top Democrat on the Judiciary panel, said Trump is being hit with injunctions because he is "engaged in terrible, irresponsible and lawless violations of people's rights.“

“We are winning in court,” Raskin said in a video address. "We've got make sure we defend the integrity of the judiciary.”

When it comes to actually impeaching the judges, however, top Republicans have stopped short of backing what would be a severe action.

Impeachments are rare in Congress, particularly of judges, but several rank-and-file House Republicans have proposed legislation to launch impeachment proceedings against various federal judges who have ruled in ways unfavorable to the Trump administration.

Musk has rewarded House Republicans who signed onto impeachment legislation with political donations, according to a person familiar with information first reported by the New York Times. The person was granted anonymity to discuss the matter.

Republicans are particularly focused on Boasberg, the chief judge of the district court in Washington, D.C., who Jordan said is in a “somewhat unique in that, you know, his decision was crazy."

The judge is weighing whether the Trump administration defied his order after the planes of migrants landed in El Salvador, turned over to that country's notorious mega-prison system. The Trump administration had invoked the Alien Enemies Act, a war-time authority used during World War II against Japanese Americans, for the deportations the judge said lacked due process.

Any impeachment effort would also require backing from the Senate, where GOP leaders also panned the effort.

Senate Majority Leader John Thune, R-S.D., echoed the advice of Roberts in allowing normal legal procedures to play out.

“At the end of the day, there is a process, and there’s an appeals process, and you know, I suspect that’s ultimately how this will get handled,” Thune said.

Associated Press writers Leah Askarinam and Kevin Freking contributed to this report.

President Donald Trump and House Speaker Mike Johnson of La., listen at the annual St. Patrick's Day luncheon at the Capitol in Washington, Wednesday, March 12, 2025. (AP Photo/J. Scott Applewhite)

President Donald Trump and House Speaker Mike Johnson of La., listen at the annual St. Patrick's Day luncheon at the Capitol in Washington, Wednesday, March 12, 2025. (AP Photo/J. Scott Applewhite)

WASHINGTON (AP) — The top vaccine official with the Food and Drug Administration has resigned and criticized the nation’s top health official for allowing “misinformation and lies” to guide his thinking behind the safety of vaccinations.

Dr. Peter Marks sent a letter to Acting FDA Commissioner Sara Brenner on Friday saying that he would resign and retire by April 5 as director of the Center for Biologics Evaluation and Research.

In his letter, which was obtained by The Associated Press, Marks said he was “willing to work” to address the concerns expressed by Robert F. Kennedy Jr., about the safety of vaccinations. But he concluded that wasn't possible.

“It has become clear that truth and transparency are not desired by the Secretary, but rather he wishes subservient confirmation of his misinformation and lies,” he wrote.

The U.S. Department of Health and Human Services did not respond to a request for comment.

Marks was offered the choice of resigning or being fired by Kennedy, according to a former FDA official familiar with the discussions, who spoke on condition of anonymity because he didn’t have permission to discuss the matter publicly.

Kennedy has a long history of spreading anti-vaccine misinformation, although during his Senate confirmation hearings he seemed to say he would not undermine vaccines. He promised the chair of the Senate health committee that he would not change existing vaccine recommendations.

Since becoming commissioner, Kennedy has vowed to scrutinize the safety of childhood vaccinations, despite decades of evidence they are safe and have saved millions of lives.

Marks oversaw the agency’s rapid review and approval of COVID-19 vaccines and treatments during the pandemic.

Marks is credited with coining the name and concept for “Operation Warp Speed,” the effort under President Donald Trump to rapidly manufacture vaccines while they were still being tested for safety and efficacy. The initiative cut years off the normal development process.

Despite the project’s success, Trump repeatedly lashed out at the FDA for not approving the first COVID shots even sooner. Trump told confidants after his 2020 loss that he would have been re-elected if the vaccine had been available before Election Day.

Dr. Paul Offit, a vaccine expert at Children’s Hospital of Philadelphia, criticized what he called the “firing” of Marks.

“RFK Jr.’s firing of Peter Marks because he wouldn’t bend a knee to his misinformation campaign now allows the fox to guard the hen house," Offit said. “It’s a sad day for America’s children.”

Former FDA Commissioner Dr. Robert Califf said the issues raised in Marks' resignation letter “should be frightening to anyone committed to the importance of evidence to guide policies and patient decisions.”

“I hope this will intensify the communication across academia, industry and government to bolster the importance of science and evidence,” he wrote.

The resignation follows news Friday that HHS plans to lay off 10,000 workers and shut down entire agencies, including ones that oversee billions of dollars in funds for addiction services and community health centers across the country.

In a post on social media Thursday, Kennedy criticized the department he oversees as an inefficient “sprawling bureaucracy." He also faulted the department’s 82,000 workers for a decline in Americans’ health.

The resignation is the latest blow to the beleaguered health agency, which has been rocked for weeks by layoffs, retirements and a chaotic return-to-office process that left many staffers without permanent offices, desks or other supplies. Last month, Jim Jones, the FDA’s deputy commissioner for foods, resigned, citing “the indiscriminate firing” of nearly 90 staffers in his division, according to a copy of his resignation letter obtained by the AP.

Marks, who could not be reached for comment, also raised concerns in his letter about “efforts currently being advanced by some on the adverse health effects of vaccination are concerning” as well as the “unprecedented assault on scientific truth that has adversely impacted public health in our nation.”

He went on to detail the historic benefits of vaccinations dating back to George Washington and pointed to the ongoing measles outbreak as proof of what can happen when doubts about science take hold.

“The ongoing multistate measles outbreak that is particularly severe in Texas reminds us of what happens when confidence in well-established science underlying public health and well-being is undermined,” he wrote.

The measles outbreak, which could go on for months, has now spread to Kansas and Ohio after sickening more than 370 in Texas and New Mexico.

If it hits other unvaccinated communities across the U.S., as may now be the case in Kansas, the outbreak could endure for a year and threaten the nation’s status as having eliminated the local spread of the vaccine-preventable disease, public health experts said.

Casey reported from Boston. Perrone reported from Washington, D.C.

FILE - Dr. Peter Marks, Director of the Center for Biologics Evaluation and Research within the Food and Drug Administration testifies during a Senate Health, Education, Labor, and Pensions hearing to examine an update from Federal officials on efforts to combat COVID-19, Tuesday, May 11, 2021 on Capitol Hill in Washington. (Jim Lo Scalzo/Pool via AP, File)

FILE - Dr. Peter Marks, Director of the Center for Biologics Evaluation and Research within the Food and Drug Administration testifies during a Senate Health, Education, Labor, and Pensions hearing to examine an update from Federal officials on efforts to combat COVID-19, Tuesday, May 11, 2021 on Capitol Hill in Washington. (Jim Lo Scalzo/Pool via AP, File)

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