Podcast Summary: The 47 Morning Update with Ben Ferguson

Episode: Tyranny of Judges-Lawfare Explodes through Nationwide Injunctions, plus ANOTHER Pro-Hamas Radical has his Visa Revoked
Release Date: March 24, 2025
Host: Ben Ferguson
Guest: Senator Ted Cruz
Duration: Approximately 37 minutes

1. Introduction

In this episode of The 47 Morning Update, host Ben Ferguson welcomes Senator Ted Cruz to discuss pressing legal and political issues facing the Trump administration. The primary focus revolves around the surge of nationwide injunctions against President Donald Trump, the concept of lawfare employed by the radical left, and the recent revocation of a pro-Hamas individual's student visa.

2. Nationwide Injunctions and the Rise of Lawfare

Ben Ferguson and Senator Ted Cruz delve into the alarming increase in nationwide injunctions aimed at halting President Trump's policies.

• Definition and Historical Context:

  • Cruz [07:40]: "An injunction is where a court steps in and says, you can't do that. We are stopping you from doing what you said you were going to do."
  • Historically, injunctions were limited to specific parties involved in a lawsuit. However, recent trends show judges extending these orders nationwide, effectively overriding presidential mandates.

• Statistical Insights:

  • Ferguson [05:31]: "I'm going to go, like 0 to 1."
  • Cruz [05:52]: "37 nationwide injunctions in the first two months of the Trump presidency, surpassing the combined total of Bush, Obama, and Biden administrations."
  • Over the past 100 years, only 27 nationwide injunctions were issued. The Trump administration alone has seen 37 in just two months, indicating a significant shift in judicial activism.

• Judicial Appointments and Partisanship:

  • Cruz [19:53]: "Of the 64 nationwide injunctions issued against Trump policies, only five were issued by judges appointed by a Republican, meaning 92.2% were issued by Democrat-appointed judges."
  • This highlights a partisan divide in judicial rulings, with predominantly Democrat-appointed judges opposing Trump’s agenda.

3. Consequences and Challenges of Judicial Overreach

The discussion underscores the ramifications of unchecked judicial power on democratic processes.

• Impact on Democracy:

  • Cruz [05:34]: "The left is willing to abuse the legal system to try to subvert democracy."
  • Multiple injunctions are perceived as attempts to overturn the electoral mandate supporting Trump and Republican legislative actions.

• Limitations of Impeachment:

  • Cruz [13:20]: Although impeachment is theoretically a check on judicial overreach, in practice, achieving the requisite two-thirds Senate majority is highly improbable, rendering impeachment ineffective against judicial activism.

• Congressional Remedies:

  • Cruz [13:20]: Suggests Congress could restrict federal courts' jurisdiction but acknowledges the improbability due to Senate dynamics.
  • Emphasizes the necessity for sunset reforms like reinstating the three-judge district courts to limit the scope of injunctions.

4. The Supreme Court’s Role and Potential Reforms

Cruz elaborates on the Supreme Court's pivotal role in addressing the surge of nationwide injunctions.

• Current Litigation and Supreme Court Involvement:

  • Cruz [22:59]: References the case Trump vs Casa, where preliminary nationwide injunctions have been issued by district courts in Seattle, Maryland, and Massachusetts.
  • The Supreme Court is considering whether to stay these injunctions, potentially setting a precedent to curb judicial overreach.

• Judicial Appointments and Future Outlook:

  • Cruz [24:22]: Expresses confidence in justices like Clarence Thomas and Samuel Alito to rein in excesses, though uncertainty remains about achieving a majority willing to act decisively.

• Precedent and Supreme Court Influence:

  • Cruz [23:19]: Explains that Supreme Court decisions can establish binding precedents nationwide, potentially limiting further misuse of injunctions by lower courts.

5. Immigration and National Security: Revoking Visas of Pro-Hamas Individuals

The episode transitions to discuss the Trump administration's stringent immigration policies targeting individuals deemed threats to national security.

• Case Study: Momodo Tal

  • Cruz [26:04]: Details the revocation of Momodo Tal’s student visa due to his pro-Hamas rhetoric and anti-American statements.
  • Tal's Actions: Advocated for violence against the U.S., celebrated Hamas attacks, and expressed intentions to dismantle the U.S. empire.
  • Cruz [32:02]: Highlights the lack of Democratic support in reversing visa revocations, despite protests by left-wing activists.

• Democratic Response and Free Speech Concerns:

  • Cruz [34:49]: Criticizes Democrats for supporting pro-Hamas protesters and failing to uphold free speech principles equally, especially for American citizens versus non-citizens.

6. Conclusion and Call to Action

Ben Ferguson wraps up the discussion by reiterating the challenges posed by judicial overreach and the importance of supporting policies that safeguard democratic mandates. He emphasizes the need for listeners to stay informed and engaged in countering these legal maneuvers that threaten to undermine the Trump administration's agenda.

Notable Quotes

• Cruz [05:31]: "In two months, we've had more nationwide injunctions than eight years of Bush, eight years of Barack Obama, and four years of Joe Biden."
• Ferguson [05:34]: "I'm going to go, like 0 to 1."
• Cruz [19:53]: "92.2% of injunctions issued against President Trump in the first term were issued by judges put on the court by a Democrat."
• Cruz [13:20]: "The remedies are number one, sunshine, drawing attention to it."

Final Thoughts

This episode of The 47 Morning Update provides a critical examination of the increasing use of nationwide injunctions as a tool against the Trump administration, highlighting the interplay between judicial decisions and political agendas. Senator Ted Cruz offers insights into the systemic issues within the legal framework and underscores the urgency of judicial reforms to preserve democratic integrity.

Note: This summary excludes advertisements, intros, outros, and non-content segments to focus solely on the substantive discussions between Ben Ferguson and Senator Ted Cruz.