The latest federal court rejection of President Donald Trump's travel ban targeting six predominantly Muslim countries proves the U.S. judiciary has become "lawless," former House Majority Leader Tom DeLay, R-Texas, told Newsmax TV.
"It's a lawless judiciary," DeLay told Thursday's "The Steve Malzberg Show."
"We now have two district court judges and the 9th Circuit Court violating the Constitution, violating their oath of office.
"There is no process or procedure within the judiciary that allows a justice to make a ruling based on what somebody said months ago. He has to look at the law, he has to look at the executive order, and make a ruling based upon that."
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DeLay was referring to U.S. District Judge Theodore Chuang of Maryland, who Thursday granted a preliminary injunction on the ban based partly on Trump's statement last year about wanting to impose a Muslim ban.
U.S. District Judge Derrick Watson in Honolulu, also rejected the travel ban Wednesday, citing a statement Trump issued as a presidential candidate "calling for a total and complete shutdown of Muslims entering the United States."
"The president needs to understand that the left is going to use this lawless judiciary any way that they can to undermine everything that he's doing and what the Congress is doing," DeLay said.
"He needs to set the example right now, the Congress needs to set the example right now that they're not going to put up with this and they're going to hold the judiciary accountable, and start by impeaching these district court judges."
And DeLay said he does not know if the Supreme Court would rule favorably toward Trump if the travel ban issue went to the nation's highest court.
"John Roberts, the chief justice of the Supreme Court, declared Obamacare as constitutional – and everybody knows it's unconstitutional – when it was brought before the Supreme Court," DeLay told Malzberg.
"You can't count on these people. They have political motives, and they are activists. The only unactivist is Clarence Thomas, and [Samuel] Alito, and hopefully [Trump's Supreme Court pick to replace late Antonin Scalia, Neil] Gorsuch.
"So, you've got [Anthony] Kennedy and Roberts and those other four liberals – who knows what would happen to the Supreme Court. You can't allow this to happen. Separation of powers of the Constitution dictates that the Congress and the executive branch stop this lawless judiciary."
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