03/27/2025 / By Willow Tohi
In the United States District Court for the District of Columbia, where pivotal legal battles over presidential authority, military policy and immigration are fought, a striking trend has emerged: one-third of the court’s active judges were not born in the United States. All five of these foreign-born jurists—appointed by Presidents Barack Obama and Joe Biden—have presided over high-profile cases challenging former President Donald Trump’s policies, raising questions about judicial impartiality, national allegiance and the qualifications of those entrusted with interpreting American law.
The revelation comes as Trump, now back in office, faces renewed legal resistance from the judiciary—particularly in Democrat-leaning districts like Washington, D.C. Critics argue that the concentration of foreign-born judges with no prior judicial experience in such a powerful court suggests a deliberate effort to shape legal outcomes rather than uphold constitutional principles.
Historically, the D.C. District Court’s senior judges—many appointed as far back as the Reagan era—were all U.S.-born. But beginning in 2014, the trend shifted under Obama, who appointed two foreign-born judges with no prior bench experience:
The trend accelerated under Biden, who appointed three more foreign-born judges:
Notably, none of these judges had prior judicial experience before their appointments—a departure from traditional norms emphasizing seasoned legal careers.
Supporters of these judges argue that birthplace should not disqualify someone from serving, emphasizing their legal credentials and American upbringing. But critics contend that their rulings reveal a pattern of activism, particularly in cases involving Trump.
Judge Ali, for example, once criticized Trump’s travel ban as rooted in “prejudice and intolerance”—a stance that raises questions about impartiality when ruling on related policies. Similarly, Judge Reyes’ swift injunction against Trump’s military order suggests a willingness to override executive authority on contentious social issues.
“Out of all the judges in the nation, all five foreign-born judges of the D.C. District Court managed to get their fingerprints on a controversial Trump case,” notes journalist Beth Brelje. “That’s either an incredible coincidence or a troubling trend.”
The broader concern is whether the judiciary—particularly in politically charged districts—has become a tool to stymie policies enacted by elected leaders. Legal scholar Jonathan Turley has warned of “judicial supremacy,” where courts increasingly supplant the executive and legislative branches in decision-making.
The D.C. court’s rulings often conflict with those in conservative jurisdictions, creating a patchwork of legal interpretations that the Supreme Court must resolve. But with the high court already burdened by politically sensitive cases, some conservatives argue it must take a firmer stand against judicial overreach.
“The public did its part by voting in a clear mandate for Trump’s agenda,” writes Brelje. “But corruption is still visible through court decisions by unelected activist judges.”
The debate over foreign-born judges is not about xenophobia but accountability: Should individuals with no prior judicial experience, and potential ideological biases, hold such outsized influence over U.S. policy? As legal battles over Trump’s agenda intensify, the answer may determine whether the judiciary serves as a neutral arbiter—or a political weapon.
For now, the Supreme Court remains the final backstop. But with lower courts increasingly willing to block presidential actions, the question isn’t just who interprets the law—but who ultimately governs.
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activist judges, biased judiciary, big government, constitutional crisis, deep state, judge, judicial activism, left cult, military policy, presidential authority, Trump
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