EXCLUSIVE – Sen. Mike Lee (R-UT) is working to curb what Republicans are denouncing as overreach from “unelected radicals in robes” following a series of judicial rulings that have hamstrung President Donald Trump’s agenda.
Lee is introducing the Restraining Judicial Activists Act of 2025, first shared with the Washington Examiner on Monday as congressional Republicans look for ways to check the powers of judges who have ruled against the Trump administration in recent weeks.
If enacted, the bill would create a three-judge district court to oversee rulings against the executive branch. Supreme Court Chief Justice John Roberts would appoint the panel, which would consist of one circuit and two district judges.
“America’s government cannot function if the legitimate orders of our Commander in Chief can be overridden at the whim of a single district court judge. We have seen them presume to run the military, the civil service, foreign aid, and HR departments across the Executive Branch — blatantly unconstitutional overreach,” Lee, a member of the Senate Judiciary Committee, said in a statement to the Washington Examiner. “My legislation will create a judicial panel to expedite Supreme Court review of these blanket injunctions, preventing unelected radicals in robes from sabotaging the separation of powers.”
The Utah Republican’s bill comes as Trump and his allies have fumed at federal judges halting the administration’s actions, with rulings that have grounded deportation flights and ordered the rehiring of thousands of federal workers fired by the administration.
Trump has gone as far as to call for the impeachment of federal judges such as U.S. District Judge James Boasberg, who temporarily barred the administration from carrying out deportations under the Alien Enemies Act.
House Republicans have introduced several articles of impeachment against federal judges, including Boasberg, Judge Paul Engelmayer of the Southern District of New York, and Judges Amir Ali and John Bates of Washington, D.C.
Roberts publicly rejected the calls for impeachment from Trump and other Republicans, saying in a rare statement, “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.”
It is unlikely that any judge will be removed from the bench as any measure would require a two-thirds majority in the Senate to succeed. Already, two Senate Republicans, Sens. Lindsey Graham (R-SC) and John Cornyn (R-TX), have voiced opposition to removing judges over disagreements with their rulings.
Only 15 judges have been impeached in U.S. history, with even fewer being removed by the upper chamber.
TOUGH ROAD TO IMPEACHING JUDGES RUNS THROUGH HOUSE JUDICIARY COMMITTEE
Lee’s bill could unlock a different option for Republicans to restrict the judicial branch and provide an off-ramp for Republicans who are shy about taking drastic action against specific judges. The bill would require the majority of judges on the panel to agree to issue a ruling, whether preliminary or permanent, and all orders would be appealable to the Supreme Court.
House Republicans are also exploring a third option to limit federal judges. According to Politico, GOP leadership is eyeing a bill from Rep. Darrell Issa (R-CA) for a floor vote in early April that would restrict judges from issuing far-reaching injunctions.
The House Judiciary Committee will hold hearings next week on the rulings as well, Chairman Jim Jordan (R-OH) announced Monday during an appearance on Fox News.
