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DOJ Escalates Recusal Push Against Federal Judges

By Drooid · · How we work

Core Action

The Justice Department has intensified a campaign to disqualify federal judges it deems partisan. Recent filings include a complaint with the 8th Circuit seeking the removal of Minnesota district judges who discussed immigration cases with the press, and a motion by Associate Attorney General Stanley Woodward to disqualify U.S. District Judge Patrick Schiltz in a denaturalization case. A similar bid targeted U.S. District Judge Ana Reyes over a lawsuit concerning the Trump administration’s plan for the East Potomac Golf Links, prompting a tense hearing in which Reyes questioned whether she should trust the president’s statements or the government’s filings.

Background & Context

For nearly two years the Trump administration has protested judicial orders that block or delay its policies, arguing that appellate victories cannot undo the time lost while lower courts halt implementation. The department’s strategy now extends beyond traditional appeals, aiming to force recusal or removal of judges it labels “Democrat activist.” Republican lawmakers have floated impeachment measures against judges such as U.S. District Judge James Boasberg, though none have advanced to a House vote.

Data & Statistics

During the 2024-25 Supreme Court term, the Court granted emergency relief in 19 of 21 substantive applications filed by the administration. In the current term, relief was granted in five of nine such cases, underscoring the administration’s success at the high court while lower-court battles persist.

Official Statements & Responses

Conservative legal activist Mike Davis praised the Justice Department’s “bold, fearless” approach, saying it is defending separation of powers and the president’s Article II authority. Former DOJ official Hans von Spakovsky warned that the administration faces an “almost intractable problem” with “radical, ideological judges” appointed by prior presidents, noting that impeachment is unlikely and that the only long-term remedy is appointing new judges as vacancies arise. Judge Ana Reyes, after questioning the credibility of the president’s statements, ordered the government to refile a brief signed by career attorneys, labeling the department’s demand as “incredibly untenable.”

Verbatim Quotes

  • “Do I believe the president of the United States, or do I believe you?” — Ana Reyes, district judge