Posted on 05/10/2019 11:21:09 AM PDT by Mount Athos
Veep Pence announced yesterday that the Trump admin is looking to put a stop to one of the #resistance crowds favorite tools: using a district court to shut down a national policy. The #resistance seeks out an injunction against a disfavored policy by forum shopping for a liberal activist judge to intervene and immediately the entire nation is subject to the whims of a regional court.
Clever.
The Supreme Court of the United States must clarify that district judges can decide no more than the cases before them and its imperative that we restore the historic tradition that district judges do not set policy for the whole nation, Pence told the Federalist Society.
In the days ahead, our administration will seek opportunities to put this question before the Supreme Court to ensure that decisions affecting every American are made either by those elected to represent the American people or by the highest court in the land, Pence added.
Justice Thomas seems to agree with the administrations plan.
I am skeptical that district courts have the authority to enter universal injunctions, Thomas wrote. 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.
The most notable example of this trick was Trumps travel ban or Muslim ban as the left liked to call it. The administration sought to ban travel from identified countries with ties to terrorism. The left immediately sought to gum up the Trump works by getting a judge in Hawaii to stop the whole policy. It took months and months to arrive at the Supreme Court, which upheld the presidents authority to issue national security directives.
CNN admitted:
The ruling sends a strong message that Trump has broad powers under immigration law to act to protect national security and that statements made during a campaign may not be legally determinative of the Presidents intent.
The Proclamation is squarely within the scope of Presidential authority, Chief Justice Roberts wrote.
The left has continued to obstruct the president particularly on the immigration policy front.
An end to the Federal district court judge-presidents...
What utter nonsense. The Trump administration should have ignored those improper and illegal rulings from the beginning! Now they are requesting permission to do so?
The Judicial branch does not have the power to dictate border security or immigration policy to the executive branch, unless the executive branch is stupid enough to grant them that power. Even Obama, for all his faults, understood that.
If they can pull this off, then one of the awesome results could be:
If the 9th Circuit issues a ruling in favor of illegals, then all the illegals will move out of Georgia and caravan to California, where they can live without fear of ICE.
“obumber never had a hostile congress just looking for an excuse to impeach and remove him.”
I can’t agree with that. Trump has far more power than he has ever used. There’s no other politician in DC who can do what DJT can do at his rallies - any attempt to impeach him by the Rinos and their Democrat butt-buddies would have failed the second Trump scheduled a few rallies to explain his side of the story.
I am very heartened to see Trump’s administration starting to fight back, I urge them to fight a lot harder.
The DISTRICT COURTS NEVER HAD THIS AUTHORITY! There was no such thing as a nationwide injunction 60 years ago, and the first one should have been struck down immediately by the Supreme Court.... but they have been allowed to continue!
Justice Thomas has been itching to deal with this issue, and has stated that this needs to be dealt with in several opinions.
It is well past time the Supreme Court, bitch slap these lower courts usurping power ONLY it has.
The RINOs are terrified, as are the Democrats. You are correct that they are trying to goad President Trump into a process crime. The Mueller probe’s main goal was to get DJT so pissed off that he fired Bob Mueller. It’s hysterical to hear idiots like James Comey trying to claim that the mere fact that firing Mueller was ever considered somehow constitutes “obstruction”.
Donald Trump is smart, he is certainly smarter than I am. He didn’t fall into the trap of interfering with a criminal investigation, however baseless or politically motivated it might have been. The issue with the lower court rulings is different, these Federal judges do not have the authority they are being granted.
At the very least the Trump administration should do what the Obama administration did when faced with unfavorable rulings and not make any changes to policy pending appeal to the Supreme court.
Agree Trump should have ignored these lower court rulings all along and said “see you at the Supremes”.
Remember when Obama ignored the circuit court decision to cease witholding drilling permits in the Gulf? Yeh.
6 MINUTE VIDEO POSING A QUESTION:
ARE WE ALL AMERICANS?
America is heading into dangerous waters not unlike those our ancestors faced in 1776 and 1861. If we can’t find a way to come back together under OUR ORIGINAL PRINCIPLES and the VISION OF THE FOUNDERS, America, indeed, the WORLD will never be the same.
https://www.brighteon.com/6035225768001
I never could figure out why or how it was permissible at all in the first place.
ARE WE ALL AMERICANS?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The sad fact is no, we are not all Americans.
Democrats and Bush League Republicans have flooded the country with foreigners.
Thank goodness! They know they won’t win in the end but while their cases wind their way through the courts, untold #s of illegals or terrorists make their way into the US and disappear into the enormous fabric of this nation which the left hates as being a nation.
“What utter nonsense. The Trump administration should have ignored those improper and illegal rulings from the beginning! “
Agreed. I have long considered this one of the two glaring failures of the Trump Administration (foolish and lackadaisical personnel policy was the other). He should have simply thanked the first dirtbag commie district judge for his advisory opinion and disregarded it.
I consider this one of the gravest existential dangers to the Republic.
On the face of it, the very idea of such authority is outrageously absurd.
When a district court judge ruled against the obama moratorium against offshore operations after the BP screw-up obama simply ignored the judge. That was the end of that.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.