Good article - this has not been covered enough by the MSM. When a single, non-elected judge is deciding law for the entire country, we have a big problem.
Clarence Thomas should be given the chance to knock this type of thing down.
This issue has been neglected for way too long. Needs to be pushed by conservative legal groups — that have not become too cowed.
“”” In his concurrence last month in Trump v. Hawaii, the Supreme Court ruling that upheld the administrations travel ban, Justice Clarence Thomas expresses skepticism that district courts have the authority to issue national injunctions.”””
When Kavanaugh gets on the bench, the Supreme Court may have the votes to curtail District Court Judges from ‘legislating’. And that would be a good thing to force Congress to take action instead of kicking the proverbial can down the road.
Merits aside, I write separately to address the remedy that the plaintiffs sought and obtained in this case. The District Court imposed an injunction that barred the Government from enforcing the President’s Proclamation against anyone, not just the plaintiffs. Injunctions that prohibit the Executive Branch from applying a law or policy against anyone—often called “universal” or “nationwide” injunctions—have become increasingly common.1 District courts, including the one here, have begun imposing universal injunctions without considering their authority to grant such sweeping relief. These injunctions are beginning to take a toll on the federal court system — preventing legal questions from percolating through the federal courts, encouraging forum shopping, and making every case a national emergency for the courts and for the Executive Branch.
I am skeptical that district courts have the authority to enter universal injunctions. These injunctions did not emerge until a century and a half after the founding. And they appear to be inconsistent with longstanding limits on equitable relief and the power of Article III courts. If their popularity continues, this Court must address their legality.
What’s you guy’s take on the successful nomination of Hawaii RINO Mark Bennett with 27 Republicans voting against, and Senator Tim Scott torpedoing the nomination of Ryan Bounds?