Biden: “I Don’t Want to Emulate Trump’s Abuse of the Constitution” Despite Losing a Series of Court Fights

There was an interesting moment last night when President Joe Biden appeared on “Jimmy Kimmel Live!” for his first network interview in 118 days. When Kimmel pushed Biden on the possibility of issuing an executive order on gun control. After all, Kimmel said, “Trump passed those out like Halloween candy.” Biden said that he did not want “to emulate Trump’s abuse of the constitution” and “pass[] those out like Halloween candy.” It was an ironic statement from a president who has racked up an impressive array of losses in the courts which have found that he has repeatedly disregarded constitutional limits. There is an advantage to arranging to be interviewed by a comedian rather than a reporter. There was no push back from Kimmel on a statement that is dramatically at odds with the President’s actual record in the courts.

The president declared “I have issued executive orders within the power of the presidency to be able to deal with everything having to do with guns, gun ownership… all of the things that are within my power.” He then added “what I don’t want to do, and I’m not being facetious, I don’t want to emulate Trump’s abuse of the constitution and constitutional authority.”

It was a jarring claim for anyone who has followed the losses in the last two years by the Biden Administration in court.

President Biden has arguably the worst record of losses in the first two years of any recent presidential administration. This year, the Supreme Court on Thursday blocked the Occupational Safety and Health Administration’s (OSHA) vaccination mandate for businesses with 100 or more employees. That followed statements by his Chief of Staff Ron Klein that they had found a “workaround” of the Constitution in such executive orders.

The President has shown a similar disregard on whether measures are constitutional. That was the case when Biden called for the Centers for Disease Control and Prevention (CDC) to impose a nationwide moratorium on the eviction of renters. Biden admitted that his White House counsel and their preferred legal experts told him that the move was likely unconstitutional. Despite that overwhelming opinion, he listened to Professor Laurence Tribe at the urging of Pelosi. Despite the pledge to return to a respect for the “rule of law,” Biden openly suggested that they could use the litigation to get as much money out the door as possible before being barred by the courts.  Nothing could be more damaging to the litigation and the federal courts quickly rejected the CDC and Tribe arguments. The Supreme Court ruled 6-3 that the order was unconstitutional.

These losses began to pile up soon after the President took office.

In Washington, D.C., this year, a federal court vacated the results of the Department of the Interior’s Bureau of Ocean Energy Management’s lease sale rule. In January 2021 President Biden signed Executive Order 14008, which stopped new oil and gas leases on federal lands and waters.

In Wisconsin, a federal court stopped Biden’s controversial $4 billion race-based federal relief program for farmers after finding that he was engaging in systemic racial discrimination. The court found that “the only consideration in determining whether a farmer or rancher’s loans should be completely forgiven is the person’s race or national origin.” As such, farmers were found to be “experiencing discrimination at the hands of their government.”

A court in Texas found that the Biden administration engaged in systemic discrimination to implement COVID-19 relief for American restaurants by giving preference to women, minorities and “socially and economically disadvantaged” people.

In Louisiana, a federal court enjoined the administration from carrying out its halting of gas and oil leases, finding that Biden’s unilateral action violated the separation of powers under the Constitution.

A federal judge in Florida ruled against the administration and held that the CDC cannot dictate rules for cruise ships. The court found the administration is again exceeding its constitutional authority. The appellate court later rejected a motion to lift the injunction.

Litigation is continuing in some of these areas. Indeed, the Biden Administration was enjoined by a court in its effort to end the Trump “Stay in Mexico” policy. That issue, however, is now before the Supreme Court.

President Biden is not the first president to over reach on executive authority. Indeed, I was also critical of litigation under the Trump Administration. Yet, this record suggests that President Biden has not “emulated” Trump’s record but may have actually exceeded that record. Trump ultimately went to the Supreme Court and prevailed on some of these issues like his travel ban.

The point is not that the Biden Administration lacks good-faith arguments in some of these areas but rather Biden seems unaware or unconcerned about a litany of losses in the courts. Yet, his administration has been repeatedly found to have violated constitutional rights ranging from equal protection to separation of powers.

Even though his party controls both houses of Congress, President Biden has yielded to demands for excessive executive orders. The result has been a series of losses that established damaging precedent for his successors. While there also have been successes in courts, Biden’s losses will have a lasting impact on his legacy and his office. It is certainly nothing to boast about with Jimmy Kimmel, but it is also nothing to ignore.



57 thoughts on “Biden: “I Don’t Want to Emulate Trump’s Abuse of the Constitution” Despite Losing a Series of Court Fights”

  1. I might feel bad about Biden getting special treatment from the softball “questions” Jimmy Kimmel served up, except no one could make out what the he** he was talking about anyway. Hardly a complete sentence in the appearance. Can’t even stay on script. Pathetic, and even more pathetic that they’d have him try it.


    1. But it’s NOT absolute. No right is absolute. Any right can be restricted or denied after DUE PROCESS. Even conservative stalwart Antonin Scalia wrote in his majority opinion for Heller v, “The Second Amendment Right to bear arms is neither unlimited nor absolute.”

  3. “It was an ironic statement from a president who . . .” (JT)

    “Ironic” is far too kind.

    When you occupy law school as a plagiarist, you occupy the White House as a pathological liar.

  4. Being interviewed by a “comedian” rather than a reporter? Do you know any reporters, or as they’re called today, Turley, journalists? Certainly not Hannity, Tucker, Ingraham, Levin or the other professional liars with whom you have chosen to associate yourself. And, Wow! What an A-hole the Biden Administration has been: just think: executive orders to get people vaccinated to prevent unnecessary deaths, a moratorium on evictions due to the COVID pandemic that the fat orange slob allowed to rage out of control causing people to lose their jobs, so they should also lose their homes, too, limits on new oil and gas leases on federal lands, when there are literally thousands of them not being used, and relief for disadvantaged farmers. All unconstitutional, according to Turley.

    All Turley has been paid to comment on is the alleged string of “losses” due to the alleged unconstitutionality of executive orders on these matters, while he does grudgingly admit that most of what he claims are losses are not final orders. And then, he cites the 6-3 SCOTUS ruling, as if these people have any credbility at all. The message was supposd to be another attack on Biden, but look at the reasons for his executive orders versus those of the hog he defends who actually kidnapped chidren from their parents to punish them for seeking asylum, among other outrageous things.

    Of course, Turley, the point of this piece is that Biden has done unconstitutional things–that was the message for the disciples today, as dictated by Fox. All part of the diversionary tactics for the bombshells that are coming from the Jan 6th committee starting tonight. Do people actually pay the university’s high tuition to learn law from you, Turley?

    1. Dear Nutasha, which one is it.. did you lose your job or your lover, i.e., what makes you spew out so much hate (via the insuts) and condemnation instead of simply respecting Prof. Turley’s well argued opinion (..on his own blog btw…).. why not try to define your own opinion in a constructive vis-a-vis destructive way?

  5. “There was no push back from Kimmel on a statement that is dramatically at odds with the President’s actual record in the courts…”

    It is dramatically at odds with reality.

  6. Biden abuses the Constitution on an hourly basis:

    – The right of the people to keep and bear arms shall not be infringed, understanding that the people must be forearmed and prepared to immediately assemble as an armed militia to necessarily secure the freedom of the State, against unconstitutional, power-hungry tyrants, depots and dictators including, but not limited to, Biden, Obama, LBJ, Roosevelt, Wilson and Lincoln.

    – Private pipelines and private property are not subject to regulation by Congress or executive orders issued by illicit and unconstitutional, high-criminal despots.

    – Granting of land and drilling rights may not be withheld on political grounds – obtaining necessary fuel constitutes reasonable use of federal lands – controlling the solar system is an unreasonable expectation.

    – Deliberately increasing abiotic oil prices to compel the purchase of electric vehicles is a crime of high office.

    – Purchases of electric vehicles may not be compelled, as communist central planning, by a rogue occupant of the White House or Congress.

    – Electric vehicle charging stations are NOT “…general Welfare…,” aka infrastructure required by “general,” or ALL, citizens – Congress has no power to tax or redistribute any level of funding for charging stations.

    – Biden compels unconstitutional lock-downs, quarantines and mask-wearing requirements – no Article of the Constitution provides Congress or the President any “emergency powers” beyond the suspension of habeas corpus in a condition of rebellion or invasion. Healthcare is a private concern of private citizens and there is no provision of healthcare in the Constitution – vulnerable individuals must protect themselves.

    – etc.




      “A fossil hunter found bones on the Isle of Wight before he died. He likely discovered Europe’s ‘largest predatory dinosaur.'”

      – CBS News [Propaganda and Indoctrination]

      The real news:


      Oil is abiotic having absolutely nothing to do with dinosaurs, unicorns or rainbows.

  7. Jonathan: You allege Biden “has repeatedly disregarded constitutional limits”. You can’t possibly make this claim with a straight face. But it’s your attempt to divert attention from the Jan. 6 House public hearings that open tonight. These hearings will reveal how Trump and his allies engaged in a premeditated attempted coup to overturn an election so Trump could remain in power. What you allege Biden has done pales in comparison with Trump’s trampling on “constitutional limits”.

    President Franklin Roosevelt said Dec. 7. 1941 was a day “which will live in infamy”. On Tuesday US District Court Judge David Carter ordered Trump bats..t crazy lawyer, John Eastman, to turn over an additional 159 emails to the Jan. 6 committee. In his decision Judge Carter said, in part: “The previously disclosed documents indicate that Dr. Eastman and President Trump’s plan to disrupt the Joint Session was fully formed and actionable as early as December 7. 2020”. This day will also “live in infamy” because it was the day Eastman proposed to Trump that he bypass the courts and focus on Jan. 6–to prevent the counting of the electoral college vote. As Judge Carter pointed out in his decision: “The Trump legal team chose not to seek recourse in court–instead, they forged ahead with a political campaign to disrupt the electoral count. Lawyers are free not to bring cases, they are not free to evade judicial review to overturn a democratic election”.

    Biden has lost some cases in court. But he has never sought to “evade judicial review” like Trump. Trump has always believed he is above the law.
    That’s the difference between Biden and Trump. The GOP desperately hopes the public will not tune in to the hearing tonight so they are complaining about extraneous issues. You are providing an echo chamber for that diversional tactic.

    1. Jonathan: You allege Biden “has repeatedly disregarded constitutional limits”. Turley didn’t allege anything. He simply pointed out the many times the Courts determined he disregarded constitutional limits and can do that with a straight face all day long.

    2. Tonight will be a kangaroo court TV extravaganza produced by Democrats and Joey Biden.

      Did you know that a baby kangaroo is called a ‘joey’?

      How fitting, eh?

  8. “I don’t want to emulate Trump’s abuse of the constitution”.
    It’s getting difficult and frustrating to respond to the comments of a potted geranium.

    1. “It’s getting difficult and frustrating to respond to the comments of a potted geranium.”
      Margot, we always put manure on ours. Somehow I see a parallel here.

  9. The biggest lie of all is Biden’s ‘performative’ mask wearing and removal as Kimmel introduced him. That moment right there is anti-science. It is intentional brainwashing over the public done by the President of the United States.

    For what purpose?

    This is how they can quickly identify their political enemies, those who will not comply with the next round of government diktats….coming in the fall.

  10. Schumer and Pelosi have Kimmel and Colbert on speed dial. It is an easy way to get their daily ‘disinformation dozen’ of Democrat talking points out in the public. This is not humor, this is leftwing propaganda delivered by useful idiots on state TV.

    Unfortunately for Democrats, they are now losing the information war.

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