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Hawley clashes with UPenn law professor over judicial injunctions

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Hawley clashes with UPenn law professor over judicial injunctions

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Sen. Josh Hawley, R-Mo., clashed Tuesday with a University of Pennsylvania law professor over the number of nationwide judicial injunctions imposed by district judges against President Donald Trump’s executive actions on matters including deportations, tariffs, and cuts to federal funding and the federal workforce. 

During the Senate Judiciary subcommittee hearing titled “The Supposedly ‘Least Dangerous Branch’: District Judges v. Trump,” Hawley displayed a bar chart to argue that nationwide injunctions against the executive branch, which had not been used until the 1960s, surged when Trump came into office for his first term and then dramatically dropped again during former President Joe Biden’s time at the White House. 

“Now, you don’t think this is a little bit anomalous?” Hawley asked University of Pennsylvania law professor Kate Shaw. 

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Sen. Josh Hawley, R-Missouri, speaks to members of the media during a vote at the U.S. Capitol in Washington, D.C., on Monday, June 2, 2025.  (Al Drago/Bloomberg via Getty Images)

Shaw, a Supreme Court contributor for ABC News who previously worked for former President Barack Obama’s White House Counsel’s Office, responded, “A very plausible explanation, senator, you have to consider is that [Trump] is engaged in much more lawless activity than other presidents. Right?” 

“This was never used before the 1960s,” Hawley said. “And suddenly Democrat judges decide we love the nationwide injunction. And then when Biden comes office, no, no.” 

Shaw cited Mila Sohoni, a Stanford Law School professor, as suggesting that the first nationwide injunction came in 1913 and others were issued in the 1920s. 

“The federal government was doing a lot less until 100 years ago,” she said. “There’s many things that have changed in the last hundred or the last 50 years.” 

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“So as long as it is a Democrat president in office, then we should have no nationwide injunctions?” Hawley shot back. “If it’s a Republican president, then this is absolutely fine, warranted and called for? How can our system of law survive on those principles?” 

Shaw said she believes a system where there “are no legal constraints on the president is a very dangerous system of law,” but the Republican from Missouri contended that’s not what the law professor believed when Biden was president. 

“You said it was a travesty for the principles of democracy, notions of judicial impartiality and the rule of law,” Hawley said. “You said the idea that anyone would foreign shop to get a judge who would issue a nationwide injunction was a politician, just judges looking like politicians in robes. Again, it threatened the underlying legal system. People are just trying to get the result they wanted. It was a travesty for the rule of law. But you’re fine with all of that if it’s getting the result that you want.” 

Kate Shaw, professor of law at the University of Pennsylvania Carey Law School, testifies during a Senate Committee on the Judiciary joint subcommittee hearing to examine District Judges v. Trump, on Capitol Hill, Tuesday, June 3, 2025. (AP Photo/Rod Lamkey, Jr.)

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Hawley cited Shaw’s stance in a specific abortion pill ruling during Biden’s presidency. In April 2023, U.S. District Judge Matthew J. Kacsmaryk of the Northern District of Texas issued a nationwide injunction on the Biden Food and Drug Administration’s mifepristone rules, which Shaw described at the time as “a travesty for the principles of democracy, notions of judicial impartiality and the rule of law.” 

Hawley said she had failed to offer a legitimate principle for issuing nationwide injunctions now. 

“I understand you hate the president,” the senator told Shaw. “I understand that you love all of these rulings against him. You and I both know that’s not a principle. You’re a lawyer. What’s the principle that divides when issuing a nationwide injunction is OK and when it is not? When the Biden administration was subject to nationwide injunctions, you said that they were travesties for the principle of democracy.” 

“When it’s Biden, it’s OK. When it’s Biden, oh, it’s a travesty. When it’s Trump in office, it’s a no holds barred, whatever it takes,” the senator added. 

Senate Judiciary Committee member Sen. Cory Booker, D-N.J., greets University of Pennsylvania law Professor Kate Shaw before a subcommittee hearing about the unprecedented number of nationwide judicial injunctions against President Donald Trump on June 3, 2025, in Washington, D.C.  (Chip Somodevilla/Getty Images)

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Hawley said Shaw and his Democratic colleagues were raising “very principled injunctions” to nationwide injunctions issued against Biden just nine months ago and “all that’s changed in nine months is the occupant of 1600 Pennsylvania Avenue.”

“I realize that my colleagues on this side of the aisle very much dislike that individual,” Hawley said, referring to Trump. “And I realize that you think that the rulings that he has lost are fundamentally sound.”

“I disagree with all of that, but we can put that to one side. The question we’re talking about here is, ‘Should judges, single judges, district court judges be able to bind nonparties who are not in front of them?’ And you used to say no. Now you say yes,” he said. “Let’s be consistent. I would just suggest to you our system of government cannot survive if it’s going to be politics all the way down.” 

Shaw responded that “democracy is not as simple as majority rule,” but Hawley interjected, saying, “You would have it as simple as majority rule. When you get the majority you like, you’re for the nationwide injunction. When you don’t, you’re not.” 

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Trump vowed to end wars. He is now opening a new front against Iran

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Trump vowed to end wars. He is now opening a new front against Iran

For a decade, President Trump promised to end what he calls forever wars, casting himself as a leader opposed to prolonged conflicts in the Middle East and who would rather pursue peace in the world.

Now, early in his second term, Trump is taking military action against Iran that could expand well beyond a limited effort to halt the country’s nuclear program.

In a video posted on Truth Social, the commander in chief said American forces also plan to “raze their missile industry to the ground” and “annihilate their navy.” He warned members of Iran’s military to surrender or “face certain death.” And urged the Iranian people to take the moment as an opportunity to rise up against their government.

“This regime will soon learn that no one should challenge the strength and might of the United States armed forces,” Trump said.

A few hours after relaying that message, Trump confirmed in a separate social media post that Ayatollah Ali Khamenei, the supreme leader of Iran, was among those killed by U.S. and Israeli strikes. Even with his death, Trump said that “the heavy and pinpoint bombing” would continue in Iran “as long as necessary to achieve our objective of PEACE THROUGHOUT THE MIDDLE EAST AND, INDEED, THE WORLD!”

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Trump, who has been considering a strike on Iran for several weeks, acknowledged he reached the decision to attack Iran while aware of the human toll that could come with it.

“The lives of courageous American heroes may be lost, and we may have casualties. That often happens in war,” he said. “But we are doing this, not for now, we are doing this for the future, and it is a noble mission.”

Trump’s military campaign in Iran is a sharp turn in tone for a president who has long been critical of open-ended conflicts in the Middle East, and marks a shift from an America-first agenda message that helped him return to the White House.

“I’m not going to start a war. I’m going to stop wars,” Trump said in his November 2024 victory speech as he promised to focus national resources on domestic priorities rather than foreign conflicts.

As Trump advocated to bring home American forces from deployments around the world and to withdraw from key defense treaties, his position resonated with a war-weary electorate in the lead-up to the election.

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Fewer than six in 10 Americans (56%) believed the United States should take an active role in world affairs ahead of the election — the second-lowest level recorded since the question was first asked in 1974, according to polling by the Council on Foreign Affairs.

Trump’s posture on war in the Middle East had been largely consistent before he ran for office.

In 2013, he criticized then-President Obama’s negotiations with Tehran, predicting in a post on Twitter that Obama would “attack Iran because of his inability to negotiate properly.” That same year, Trump warned that “our horrendous leadership could unknowingly lead us into World War III.”

And in a heated February 2016 debate, Trump attacked former Florida Gov. Jeb Bush, stating that his brother George W. Bush lied about Iraq’s nuclear capabilities to get the U.S. into the Iraq war. Trump called the Iraq war a “big, fat mistake” that “destabilized the Middle East.”

“They lied. They said there were weapons of mass destruction. There were none, and they knew there were none,” he said.

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At the time of the Iraq war, however, Trump had said he supported it.

Trump’s confrontation with Iran bears little resemblance to his earlier rebukes.

Trump has yet to present evidence of an imminent threat to the United States from Iran’s nuclear program — a capability he claimed to have “obliterated” just eight months ago — and has instead framed the military campaign as one to ensure Tehran never develops nuclear weapons at all.

“It is a very simple message,” he said. “They will never have a nuclear weapon.”

Trump’s shift has already drawn the attention of congressional Democrats, many of whom are calling the president out for backing out on his promise to end foreign wars — and are demanding that he involve Congress in any further military actions.

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“Regardless of what the President may think or say, he does not enjoy a blank check to launch large-scale military operations without a clear strategy, without any transparency or public debate, and not without Congressional approval,” Sen. Alex Padilla (D-Calif.) said.

Sen. Adam Schiff (D-Calif.) criticized Trump for “drawing the country into yet another foreign war that Americans don’t want and Congress has not authorized.”

The military involvement in Iran is not the first time that members of Congress have complained about the Trump administration’s willingness to sideline the legislative branch on decisions that could trigger broader conflicts this year.

In January, Trump ordered military forces to capture former Venezuelan President Nicolás Maduro and said the United States would run the sovereign nation until further notice. He threatened military action in Colombia, whose leftist President Gustavo Petro has been one of Trump’s most vocal critics.

Trump has alienated allied nations when he said he was willing to send American troops to seize Greenland, a semiautonomous territory of Denmark. And on Friday, he said U.S. is in talks with Havana and raised the possibility of a “friendly takeover of Cuba” without offering any details on what he meant.

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His actions have coincided with his annoyance at not being awarded the Nobel Peace Prize. At one point, the president said he no longer felt an “obligation to think purely of Peace” because he didn’t get the recognition.

Trump’s shifting tone, and his use of violent war imagery in his pretaped remarks about Iran, have rattled even part of his base.

“I did not campaign for this. I did not donate money for this,” said former Rep. Marjorie Taylor Greene, a conservative who recently left Congress after a bitter fight with Trump. “This is not what we thought MAGA was supposed to be. Shame!”

Republican leaders, however, are largely standing behind the president.

Senate Majority Leader John Thune (R-S.D.) said Iran “posed a clear and unacceptable threat” to the United States and has refused “the diplomatic off-ramps.” House Speaker Mike Johnson (D-La.) said Trump took the action after exhausting “every effort to pursue peaceful and diplomatic solutions.”

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Other top Republican lawmakers rallied behind Trump, too.

“The butcher’s bill has finally come due for the ayatollahs,” Sen. Tom Cotton, the chairman of the Senate Intelligence Committee, wrote in a post on X. “May God bless and protect our troops on this vital mission of vengeance, and justice, and safety.”

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Iran fires missiles at US bases across Middle East after American strikes on nuclear, IRGC sites

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Iran fires missiles at US bases across Middle East after American strikes on nuclear, IRGC sites

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Iran launched missile and drone strikes targeting U.S. military facilities in multiple Middle Eastern countries Friday, retaliating after coordinated U.S.–Israeli strikes on Iranian military and nuclear-linked sites.

Explosions were reported in or near areas hosting American forces in Bahrain, Qatar, the United Arab Emirates, Kuwait and Jordan, according to regional officials and state media accounts. Several of those governments said their air defense systems intercepted incoming projectiles.

It remains unclear whether any U.S. service members were killed or injured, and the extent of potential damage to American facilities has not yet been confirmed. U.S. officials have not publicly released casualty figures or formal damage assessments.

Iran’s Islamic Revolutionary Guard Corps (IRGC) described the operation as a direct response to what Tehran called “aggression” against Iranian territory earlier in the day. Iranian officials claimed they targeted U.S. military infrastructure and command facilities.

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Explosions were reported in or near areas hosting American forces in Bahrain, pictured above. (Photo by Petty Officer 2nd Class Adelola Tinubu/U.S. Naval Forces Central Command/U.S. 5th Fleet )

The United States military earlier carried out strikes against what officials described as high-value Iranian targets, including IRGC facilities, naval assets and underground sites believed to be associated with Iran’s nuclear program. One U.S. official told Fox News that American forces had “suppressed” Iranian air defenses in the initial wave of strikes.

Tomahawk cruise missiles were used in the opening phase of the U.S. operation, according to a U.S. official. The campaign was described as a multi-geographic operation designed to overwhelm Iran’s defensive capabilities and could continue for multiple days. Officials also indicated the U.S. employed one-way attack drones in combat for the first time.

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Smoke rises after reported Iranian missile attacks, following strikes by the United States and Israel against Iran, in Manama, Bahrain, Feb. 28, 2026. (Reuters)

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Iran’s retaliatory barrage targeted countries that host American forces, including Bahrain — home to the U.S. Navy’s Fifth Fleet — as well as Qatar’s Al Udeid Air Base and the UAE’s Al Dhafra Air Base. Authorities in those nations reported intercepting many of the incoming missiles. At least one civilian was killed in the UAE by falling debris, according to local authorities.

Iranian officials characterized their response as proportionate and warned of additional action if strikes continue. A senior U.S. official described the Iranian retaliation as “ineffective,” though independent assessments of the overall impact are still developing.

Smoke rises over the city after the Israeli army launched a second wave of airstrikes on Iran in Tehran on Feb. 28, 2026. (Fatemeh Bahrami/Anadolu via Getty Images)

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Regional governments condemned the strikes on their territory as violations of sovereignty, raising the risk that additional countries could become directly involved if escalation continues.

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The situation remains fluid, with military and diplomatic channels active across the region. Pentagon officials are expected to provide further updates as damage assessments and casualty reviews are completed.

Fox News’ Jennifer Griffin contributed to this report. 

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Why Iran resists giving up its nuclear program, even as Trump threatens strikes

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Why Iran resists giving up its nuclear program, even as Trump threatens strikes

Embassy staffers and dependents evacuating, airlines suspending service, eyes in Iran warily turning skyward for signs of an attack.

The prospects of a showdown between the U.S. and Iran loom ever higher, as massive American naval and air power lies in wait off Iran’s shores and land borders.

Yet little of that urgency is felt in Iran’s government. Rather than quickly acquiescing to President Trump’s demands, Iranian diplomats persist in the kind of torturously slow diplomatic dance that marked previous discussions with the U.S., a pace that prompted Trump to declare on Friday that the Iranians were not negotiating in “good faith.”

But For Iran’s leadership, Iranian experts say, concessions of the sort Trump are asking for about nuclear power and the country’s role in the Middle East undermine the very ethos of the Islamic Republic and the decades-old project it has created.

“As an Islamic theocracy, Iran serves as a role model for the Islamic world. And as a role model, we cannot capitulate,” said Hamid Reza Taraghi, who heads international affairs for Iran’s Islamic Coalition Party, or Hezb-e Motalefeh Eslami.

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Besides, he added, “militarily we are strong enough to fight back and make any enemy regret attacking us.”

Even as another round of negotiations ended with no resolution this week, the U.S. has completed a buildup involving more than 150 aircraft into the region, along with roughly a third of all active U.S. ships.

Observers say those forces remain insufficient for anything beyond a short campaign of a few weeks or a high-intensity kinetic strike.

Iran would be sure to retaliate, perhaps against an aircraft carrier or the many U.S. military bases arrayed in the region. Though such an attack is unlikely to destroy its target, it could damage or at least disrupt operations, demonstrating that “American power is not untouchable,” said Hooshang Talé, a former Iranian parliamentarian.

Tehran could also mobilize paramilitary groups it cultivated in the region, including Iraqi militias and Yemen’s Houthis, Talé added. Other U.S. rivals, such as Russia and China, may seize the opportunity to launch their own campaigns elsewhere in the world while the U.S. remains preoccupied in the Middle East, he said.

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“From this perspective, Iran would not be acting entirely alone,” Tale said. “Indirect alignment among U.S. adversaries — even without a formal alliance — would create a cascading effect.”

We’re not exactly happy with the way they’re negotiating and, again, they cannot have nuclear weapons

— President Trump

The U.S. demands Iran give up all nuclear enrichment and relinquish existing stockpiles of enriched uranium so as to stop any path to developing a bomb. Iran has repeatedly stated it does not want to build a nuclear weapon and that nuclear enrichment would be for exclusively peaceful purposes.

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The Trump administration has also talked about curtailing Iran’s ballistic missile program and its support to proxy groups, such as Hezbollah, in the region, though those have not been consistent demands. Tehran insists the talks should be limited to the nuclear issue.

After indirect negotiations on Thursday, Oman’s Foreign Minister Badr al-Busaidi — the mediator for the talks in Geneva — lauded what he said was “significant progress.” Iranian Foreign Ministry spokesman Esmail Baghaei said there had been “constructive proposals.”

Trump, however, struck a frustrated tone when speaking to reporters on Friday.

“We’re not exactly happy with the way they’re negotiating and, again, they cannot have nuclear weapons,” he said.

Trump also downplayed concerns that an attack could escalate into a longer conflict.

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This frame grab from footage circulating on social media shows protesters dancing and cheering around a bonfire during an anti-government protest in Tehran, Iran, on Jan. 9.

(Uncredited / Associated Press)

“I guess you could say there’s always a risk. You know, when there’s war, there’s a risk in anything, both good and bad,” Trump said.

Three days earlier, in his State of the Union address Tuesday, said, “My preference is to solve this problem through diplomacy. But one thing is certain, I will never allow the world’s number one sponsor of terror, which they are by far, to have a nuclear weapon — can’t let that happen.”

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There are other signs an attack could be imminent.

On Friday, the U.S. Embassy in Israel allowed staff to leave the country if they wished. That followed an earlier move this week to evacuate dependents in the embassy in Lebanon. Other countries have followed suit, including the U.K, which pulled its embassy staff in Tehran. Meanwhile, several airlines have suspended service to Israel and Iran.

A U.S. military campaign would come at a sensitive time for Iran’s leadership.

The country’s armed forces are still recovering from the June war with Israel and the U.S, which left more than 1,200 people dead and more than 6,000 injured in Iran. In Israel, 28 people were killed and dozens injured.

Unrest in January — when security forces killed anywhere from 3,000 to 30,000 protesters (estimates range wildly) — means the government has no shortage of domestic enemies. Meanwhile, long-term sanctions have hobbled Iran’s economy and left most Iranians desperately poor.

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Despite those vulnerabilities, observers say the U.S. buildup is likely to make Iran dig in its heels, especially because it would not want to set the precedent of giving up positions at the barrel of a U.S. gun.

Other U.S. demands would constitute red lines. Its missile arsenal, for example, counts as its main counter to the U.S. and Israel, said Rose Kelanic, Director of the Middle East Program at the Defense Priorities think tank.

“Iran’s deterrence policy is defense by attrition. They act like a porcupine so the bear will drop them… The missiles are the quills,” she said, adding that the strategy means Iran cannot fully defend against the U.S., but could inflict pain.

At the same time, although mechanisms to monitor nuclear enrichment exist, reining in Tehran’s support for proxy groups would be a much harder matter to verify.

But the larger issue is that Iran doesn’t trust Trump to follow through on whatever the negotiations reach.

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After all, it was Trump who withdrew from an Obama-era deal designed to curb Iran’s nuclear ambitions, despite widespread consensus Iran was in compliance.

Trump and numerous other critics complained Iran was not constrained in its other “malign activities,” such as support for militant groups in the Middle East and development of ballistic missiles. The Trump administration embarked on a policy of “maximum pressure” hoping to bring Iran to its knees, but it was met with what Iran watchers called maximum resistance.

In June, he joined Israel in attacking Iran’s nuclear facilities, a move that didn’t result in the Islamic Republic returning to negotiations and accepting Trump’s terms. And he has waxed wistfully about regime change.

“Trump has worked very hard to make U.S. threats credible by amassing this huge military force offshore, and they’re extremely credible at this point,” Kelanic said.

“But he also has to make his assurances credible that if Iran agrees to U.S. demands, that the U.S. won’t attack Iran anyway.”

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Talé, the former parliamentarian, put it differently.

“If Iranian diplomats demonstrate flexibility, Trump will be more emboldened,” he said. “That’s why Iran, as a sovereign nation, must not capitulate to any foreign power, including America.”

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