Posted on 05/08/2019 2:41:01 PM PDT by billorites
Finally.
About damn time! These things are unconstitutional and should have been shut down the first time a fed district judge issued one.
Clarence Thomas has been itching to deal with them
Congress should have fixed this abuse long ago, but Dems think it is cute and when Ryan and Mitch were in charge they did not give a crap.
Next, the Supreme Court or even only thr Chief Justice may set rules for the District Courts, and often do. They too also seem to not care, except for Thomas who has mentioned in his opinions from time to time.
The next step is for the Executive Branch to simply ignore the national application and assert that the lone judge way out in Hawaii has no jurisdiction.
Exactly what needs to be done in order to get SCOTUS to rule on the powers within their own branch - lower court issues nationwide injunction and POTUS challenges it. May be as significant as Marbury v Madison. POTUS is getting some good outside the box legal thinking. This would be a great accomplishment if POTUS gets this issue in front of SCOTUS.
There is the risk that SCOTUS will render a 5-3 decision limiting district judges from making nation-wide injunctions. POTUS must argue that Ginsberg must recuse herself as her bias against POTUS, and since the SCOTUS has shown it takes prior ex officio statements into consideration in executive decisionmaking, they are no less accountable. The sitting district judges might temper their political hack zeal now on nation wide injunctions in order to avoid losing their power with the current POTUS, and continue once he leaves. I hope they issue at least one more injunction so we can get this ball rolling.
Trump should have already done this. The President doesn’t have to ask unanimous permission of the thousand federal judges to do his job.
Never should have ever been a thing.
It took this long to figure that out?
Good. Long overdue.
But... I am ready for disappointment.
I understand the Constitution to say that it is Congress who defines the duties and jurisdictions of courts, not the Supreme Court.
When the Republicans had everything, they had the opportunity to make some common sense of the courts, not for partisan advantage, although that would have happened, but because the way Federal Courts are organized makes no sense in 2019.
That should have been done the first time it happened under that useless toad Sessions.
That great sucking sound, I think it’s a swamp draining!
Can this wait till Darth Bader Ginsburg is gone??
This is good. Excellent news.
We’ll see how it goes. The problem is, they’re ruling on federal law, which sorta applies to the whole country.
The Republicans could have done something meaningful when they had both Houses like fix this problem, bunch of pieces of crap they are
They didnt do anything BECAUSE they were NOT Republicans!!! Glad to be rid of each and every damn one of them!!!
Its about time. The SCOTUS needs to strike this practice down once and for all. There is no constitutional basis for this and it has become especially pernicious since courts have decided to just start ignoring the Political Question Doctrine.
Exactly. He does not need to go to the Judicial Branch to ask permission; instead, he should choose to ignore their rulings when they clearly are contrary to the Constitution. This isn’t Rock-Paper-Scissors, where the judges are the rocks and the president is the scissors.
Aptly stated.
This should be one of the most consequential (for good or ill) decisions in American history. Looking forward to reading the opinions. In a sane world it would be 9-0 in the SCOTUS...if in a sane world it has to reach them.
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