Federal judges have recently halted a number of President Donald Trump’s executive orders and White House initiatives, setting off a firestorm of debate over how far judges’ power should go. As it turns out, most Americans of virtually all political persuasions think that judges should have the power to delay a president’s moves, the latest I&I/TIPP Poll shows.
In its April 30-May 2 national online poll of 1,400 voters, I&I/TIPP posed the following statement and question: “Federal district judges are appointed by the president, confirmed by the Senate, and serve lifetime terms. There are currently 677 such judges in the U.S. Do you support or oppose individual district judges having the authority to block or halt a presidentโs policy nationwide?”
A solid majority of Americans say yes. Specifically, 56% said they either support such powers “strongly” (31%) or “somewhat” (26%), while just 28% said they oppose it either “somewhat” (13%) or “strongly” (15%). A sizeable 16% said they weren’t sure.
But the surprising part of the responses is that, in general, all three major political affiliations are in broad accord on judges being able to put up road blocks to presidential initiatives.
Democrats are most supportive, with 71% saying the support the judges, just 14% saying they oppose them. Among independents, that majority falls to 54% support, and rises to 30% opposition. The surprise comes among Republicans, where a plurality of 48% support judges over presidents, while 40% support it.

In short, it’s a politically popular idea. Overall, it’s 2-to-1 support.
But the numbers shifted somewhat with our second question: “Do you agree or disagree that federal judges should serve for a limited term rather than a lifetime appointment?”
The answer was even more overwhelming, this time not in favor of the judges. Overall, 71% said they either agree “strongly” (41%) or “somewhat” (30%), while the disagree category mustered only 16% for disagree “somewhat” (9%) or “strongly” (7%).
Term limits for judges garner support by a landslide. None of the 36 major demographic groups was below 64% agreement on this issue, which is an extraordinary degree of agreement.
And across all three political affiliations, the level of agreement was significant, a rare case of majority “tri-partisanship.”
Among Democrats, 68% agreed to term limits for federal judges, while 18% disagreed. Independents were slightly higher at 71% agree, 17% disagree. Republicans were highest of all at 78% agree, 13% disagree.

With this level of accord on such a hot-button issue, it might not be too long before Congress moves to reduce or limit federal judges’ terms.
In one final question, related to judicial behavior, I&I/TIPP asked: “Two judges were recently arrested for allegedly harboring illegal immigrants, sparking national debate. Do you support or oppose arresting judges who break the law? “
There, once again, support was broad, though not quite as broad as on term limits.
Overall, 64% said they supported arresting judges who break laws either “strongly” (43%) or “somewhat” (21%). Just 22% opposed the idea, 10% “strongly” and 12% “somewhat.”
And as with the previous question, tri-partisan majorities formed in agreement. Democrats (53% support, 30% oppose), independents (65% support, 23% oppose), and Republicans (78% support, 16% oppose) all mostly agree that judges, as with ordinary citizens, are not above the law.

In short, break the law and you should be held accountable.
These are not mere legal speculations, given that all derive from very real current conflicts between federal judges, the limits of their legal authority, and their responsibility to uphold the law in their own lives.
It’s likely that soon Americans will here from the U.S. Supreme Court on whether individual federal judges that represent one of the 94 U.S. judicial districts have the power to halt presidential initiatives or executive orders on a national basis.
As the Trump administration has argued, it could be a recipe for national policy gridlock.
This is especially true since, as a recent chart from the American Presidency Project shows, Trump has been by far the most activist president in modern history, with nearly two times as many “executive orders, memoranda, and substantive proclamations” issued through the end of April as any other president since FDR took office in 1933.
This has inevitably led to judges issuing nationwide injunctions against Trump’s flurry of executive orders, though many of those injunctions seem to be skating on very thin legal ice.
“From blocking deportations of gang members to keeping men in womenโs prisons, activist judges have taken up the mantle of leftist resistance during the first 100 days of President Donald Trumpโs second term,” asserted The Daily Wire recently.
But, as our close friends at TIPP Insights recently observed, executive orders have become “the way to govern Washington at a time when Congress is entirely dysfunctional.”
Unfortunately, “the vast network of federal district judges, who are, by definition, supposed to be apolitical and neutral, often rule against the EO (executive order). They do so increasingly on a ‘nationwide’ basis, far beyond the districts their courtrooms oversee.”
According to the Congressional Research Service, federal judges issued 17 separate injunctions against Trump from the time he re-entered office on Jan. 20 through March 27.
This is nothing new. In 2019, William Barr, Trump’s second attorney general, complained about judicial injunctions directed at Trump.
“Since President Trump took office, federal district courts have issued 37 nationwide injunctions against the executive branch,” Barr said. “Thatโs more than one a month.”
“By comparison,” the nation’s former top lawyer added, “during President Obamaโs first two years, district courts issued two nationwide injunctions against the executive branch, both of which were vacated by the Ninth Circuit. And according to the Departmentโs best estimates, courts issued only 27 nationwide injunctionsยญ in all of the 20th century (emphasis ours).”
Now, during Trump’s second term, many of the federal court injunctions involve heated issues related to illegal immigration (birthright citizenship, due process for criminal aliens, refugee policy, etc.) play a major role.
That includes the furor over the deportation of alleged MS-13 gang member Kilmar Abrego Garcia to El Salvador’s notoriously tough prison system. That controversial move remains in legal limbo.
Other court injunctions have halted Trump’s ability to lay off workers and to remove the collective bargaining rights of federal employees, “rights” that were themselves first created by an executive order of President John Kennedy.
Apart from the Supreme Court’s justices, who act as a check against both congress and the presidency in protecting Americans’ constitutional rights, other federal judges were never intended to have such sweeping powers of legal negation.
Soon, the Supreme Court is expected to rule on how far federal judges can go in issuing injunctions. Signs are that even some liberal justices, including Obama-appointee Justice Elena Kagan, have serious issues with letting federal judges stop federal policies they don’t like.
But as the I&I/TIPP Poll shows, Americans draw a sharp line when it comes to political activist judges who break of the law. They solidly reject the idea that judges are somehow above the law, and want term limits to limit their power.
Even so, Americans’ appetite for enabling federal judges to halt presidential actions willy-nilly may soon be tempered by a Supreme Court decision that limits those powers. If so, it should not be politics. It should be because the Constitution does not allow it.
I&I/TIPP publishes timely, unique, and informative data each month on topics of public interest. TIPPโs reputation for polling excellence comes from being the most accurate pollster for the past six presidential elections.
Terry Jones is an editor of Issues & Insights. His four decades of journalism experience include serving as national issues editor, economics editor, and editorial page editor for Investorโs Business Daily.




If Biden was still president, I’d say Yes as well. LOL. Be curious if people think judges are abusing this discretionary authority.
Where do they get such a poll , New York perhaps? I have a decent circle of friends and not one of them want a judge to over rule a President, and I live in the far left state of Washington.
Thanks for the comment. Our poll is national in scope, not “New York.” This month, it had 1,400 participants, with 243 in the Northeast, 301 in the Midwest, 534 in the South, and 322 in the West. So it is geographically balanced. Of course, no poll is ever perfect; they are always approximations of the general public opinion on a topic, not a definitive number. In this case, our poll has a +/-2.7 percentage point margin of error. That means that the numbers represent the true value within 2.7 points, up or down, with roughly 95% certainty. We do not alter the number ever to reflect personal political beliefs.
There must be a limit. If “A nuclear launch is detected incoming” and a Federal Judge issues a order saying “There should be no response.” Should the President respond or not? I know this is a extreme situation, but as I said there should be limits. The three branches of government were meant to be equal but each to have their own purpose none over the other.
This is complete rubbish. The majority of Americans, you know the ones who elected our current president, do not want judges making national policy decisions, essentially overruling the president and the will of the people. You do expose your data is poll based so those of us who can recall all the way back to the run up to last November’s election know its biased or inaccurate or both.
Please see the reply to Mike.
Love these “polls”
1400 liberal, progressive, globalist democrats were polled
Prob on the streets of wisconsin or massachussetts
How come the poll never takes place in the heart of a red state, hmmm?
Please see my reply to Mike below. Thanks.
I don’t entirely disagree with this, BUT UNDER VERY LIMITED CIRCUMSTANCES. Federal judges should not be used as a weapon to completely thwart and hamstring an administration for purely political reasons. AND there should never be instances where an executive decree cannot be undone through executive decree, completely judicial free. You cannot allow the DemocRat tactic of allowing 15 million illegals to invade the US, almost entirely unvetted, then force the incoming administration to have to go “due process” to remove them, something that would take 20 years with the flood of cases and speed of the courts. ALSO, there has to be a 100% transparency on the process in which judges are assigned, even a public lottery where there can be no question the results were 100% random.
We should be very wary of denigrating the judiciary unnecessarily for obvious reasons but quite willing to call out its rogue actors such as the NorCal politicos who by every utterance prove their bias and injustice and weakening the judiciary everywhere. While simplistic and not perfectly accurate, the co-equal branches of government were devised to keep one branch from running roughshod over the others. The judiciary, like lawyers, provide opinions and advice on legal matters which the Executive ultimately may say “thank you” for but ignore. Before you get in a froth, recall how easily Biden just did it with student loans. I prefer it never come to that but it is an option. Judges are wrong to believe they can dictate federal policy from the bench and that their opinions are law. They are rulings and opinions without the force of law (again, that’s a nuanced statement). Voters who see it differently are obviously amongst those polled here. Frankly, I don’t believe the poll and I don’t believe we will long have to endure district judges making Presidential decisions and Congressional laws. End of speech,
I think Benjamin Franklin was thinking of the goofs who believe unelected Federal judges should be able to delay or desist the President from fulfilling his Executive function.
When a woman asked if this country was a republic he responded, “It is if you can keep it.”
I would say that your polling sample was either bad or it shows the ignorance of Americans. Anyone that has had to deal with the courts is well aware of the short comings of many judges. A lot of them are not competent and even more of them are too biased to do their jobs properly.