Alina Habba
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Alina Habba Criticizes Judicial Review of Trump’s Executive Orders

Alina Habba, counselor and former attorney to President Donald Trump, claimed it was “unthinkable” for judges to challenge executive orders. During a Monday appearance on Fox News, Habba was asked about a temporary restraining order issued by U.S. District Court Judge James Boasberg.

The order came as Trump attempted to use an 18th-century law to deport alleged Venezuelan gang members. “Under Article 2, the president is allowed to do this, number one,” Habba asserted. “No, these are gang members. These are members that President Trump has delegated and said are terrorist organizations.” She continued defending Trump’s move, arguing that his actions were necessary to protect the country.

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“And what we’ve done is removed these individuals from our states,” she said. “So then to have a federal judge come in and say, ‘Hey, I don’t agree with the president of the United States with an executive order.’ “It just, it’s, it’s unthinkable, and it’s ridiculous.”

However, judicial review—the process by which courts assess the constitutionality of executive and legislative actions—is a key component of the U.S. system of checks and balances. According to the Government Publishing Office’s learning guide, “The executive branch can declare Executive Orders, which are like proclamations that carry the force of law, but the judicial branch can declare those acts unconstitutional.”

Alina Habba and Trump
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Judge Boasberg’s ruling has ignited debate over the extent of presidential power, particularly when it comes to immigration enforcement. While Trump and his allies argue that his executive actions are necessary for national security, opponents maintain that the judiciary plays a crucial role in ensuring the executive branch does not exceed its constitutional authority.

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Legal experts note that executive orders have historically been subject to judicial review. Some orders have been upheld, while others have been struck down when found to conflict with constitutional rights or federal laws.

The ongoing legal battle over Trump’s use of executive authority on immigration policy underscores broader concerns about the balance of power among the three branches of government. With this latest legal challenge, the role of the judiciary in checking presidential authority remains a contentious issue as the debate continues.

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