WASHINGTON, D.C. – In a joint Senate Judiciary Subcommittee hearing this week, U.S. Senator Peter Welch (D-Vt.), Ranking Member of the Senate Judiciary Subcommittee on The Constitution, pushed back on Republicans’ attempts to smear judges who have ruled against President Trump. Senator Welch also urged Congress to reassert its own constitutional authority in order to preserve the separation of powers and limit executive overreach.  

“This moment we’re in in our country is testing whether the separation of powers, three coequal branches of government, shall endure. That’s really the question. We’ve seen an abdication of constitutional responsibility by the Congress—it’s appalling,” said Senator Welch.   

“We can deal with universal injunctions. But the all-out assault on judges because they make decisions—which is the job it is they have to do—and the decision is: has a President exceeded his authority? The decision is: has the Congress passed a law that deviates from constitutional requirements? Those are so profoundly important to keep that separation of powers and to keep the competition between the three branches so that we don’t have absolute power vested in a single person—and that’s the chief executive. 

“What is most profoundly important for the well-being of our country is that the Congress reassert its authority to pass laws to restrict the executive, or to empower the executive, but not to cede our authority to the executive—ever. It’s our responsibility to do every single thing we can to validate the legitimate exercise of the decision-making authority of the judiciary.” 

Senator Welch also questioned witnesses about the impact and consequences of unlimited executive authority on due process. 

Watch Senator Welch’s full remarks below: 

Read Senator Welch’s full opening remarks here. 

Senator Welch and Senator Sheldon Whitehouse (D-R.I.), Ranking Member of the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action and Federal Rights, released the following joint statement ahead of the joint subcommittee hearing: 

“Today’s hearing will not be on the level, and it’s important that the public and press do not put falsehoods and rhetoric before the facts. This is not a policy debate—this is yet another Republican attack on an independent judiciary.   

“Let’s be clear: The reason district judges have enjoined the Trump Administration’s orders is because of unprecedented unlawfulness, not unprecedented judicial behavior. Our colleagues across the aisle are making it clear they are willing to help do Trump’s bidding and protect his unlawful activity at any cost. Republicans can either defend the rule of law and the judiciary, or defend this administration’s agenda and lies—but they cannot do both.” 

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