The Judicial Injunction Dysfunction

Wall Street Journal ^ | July 28, 2019 | The Editorial Board

[BeauBo]

The Supreme Court said Friday that the Trump Administration can proceed to reallocate some $2.5 billion that Congress had earmarked for the Pentagon to build a border wall... the good news is that the High Court is finally sending a message about the proliferation of national injunctions by lower court judges.

[BeauBo]

I wonder if the Supreme Court might also have struck a systemic blow against the legal standing of Leftist "advocacy groups" to appoint themselves as representing everyone else.

[aquila48]

“I wonder if the Supreme Court might also have struck a systemic blow against the legal standing of Leftist “advocacy groups” to appoint themselves as representing everyone else. “

If you believe that, you don’t know the left.

[Lurkinanloomin]

Not really, they needed to smack them down hard and did not.

[Freeborn]

Per Article III of the Constitution the lower courts (those other than the SCOTUS) are “ordained and established” by Congress. They can therefore be prevented from issuing blanket, nation wide injunctions by Congress. This needs to become part of a GOP judicial reform platform going forward.

[AndyJackson]

It was a summary judgement removing a court ordered stay with a one sentence of explanation: “Among the reasons is that the Government has made a sufficient showing at this stage that the plaintiffs have no cause of action to obtain review of the Acting Secretary’s compliance with Section 8005.”

This is not an opinion after cert to review a decision. It is merely a request for emergency relief from an order of a lower court. Little more could have been expected.