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Alan Dershowitz Says Many ‘Improper’ Injunctions Against Trump Executive Orders Will Get Tossed
Daily Caller ^ | Feb 10, 2025 | Harold Hutchison

Posted on 02/11/2025 8:41:45 AM PST by where's_the_Outrage?

Attorney Alan Dershowitz said Monday that many of the injunctions blocking actions by President Donald Trump, ranging from his executive orders to his efforts to address wasteful and fraudulent spending, will be thrown out on appeal.

The Trump administration is appealing injunctions imposed by federal judges that targeted the Department of Government Efficiency (DOGE) and Trump’s Jan. 20 executive order ending birthright citizenship, among others. Dershowitz said during “The Dershow” that the cases will eventually be resolved by the U.S. Supreme Court.

“Nobody ever said that our system of checks and balances would make it easy to govern or would make it efficient to govern. No, no, the design of our system of checks and balances was to create enough power to govern effectively while, at the same time, denying any one part of our government enough power to create a tyranny. So we have to counter our system of checks and balances, and it’s working, even today, as we speak,” Dershowitz said. “The president issues executive order after executive order after executive order, and what do the states do? They get their attorneys general to bring a lawsuit.”

WATCH:

“They search all over the country for the best judges. They hand-pick the judges. They file the lawsuits, and you get judges saying, ‘Uh-uh, no, Mr. President, you can’t do that,’ and so you get a single judge for about an hour being able to stop the president from doing something. I say an hour metaphorically. It could be days, but ultimately those issues are brought up to the court of appeals and eventually to the Supreme Court. It will be resolved, and the president will obey, wouldn’t do what Andrew Jackson did, saying, ‘The chief justice made the ruling, now let him enforce it,'” Dershowitz said.

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: badtrackrecord; courtoverreach; epsteinisland; executiveauthority; interference; judgewatch; judicialmisconduct; lawfare; noauthority; nojurisdiction; obstruction; sabotage; seperationofpowers
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What Dersh avoids addressing is having co-equal branches of government the lower courts IMHO do not have the authority to tell the President what to do. And this court overreach needs to be bitch slapped down.
1 posted on 02/11/2025 8:41:45 AM PST by where's_the_Outrage?
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To: where's_the_Outrage?

Since Congress had the constitutional authority to create courts, can they not create a law that only allows for the USSC to hear arguments regarding direct action by a sitting President? Especially since these are national federal issues?

Just asking...


2 posted on 02/11/2025 8:47:47 AM PST by shotgun
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To: where's_the_Outrage?

Be sure to check out Sean Davis’s X-—

https://x.com/seanmdav/status/1889025266644873621


3 posted on 02/11/2025 8:48:08 AM PST by Presbyterian Reporter
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To: where's_the_Outrage?

Fema person who sent funds to hotel has just been fired


4 posted on 02/11/2025 8:49:18 AM PST by RummyChick
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To: Presbyterian Reporter

Sean Davis
@seanmdav
Random federal judges in blue state backwaters have no authority to unilaterally dictate who the President may talk to or what data he can access. John Roberts and SCOTUS have two options here: they can bring these inferior malcontents to heel, or they can get used to the President simply ignoring these inferior courts or Congress eliminating them entirely.

Congress created these inferior courts so the Supreme Court wouldn’t have to deal with every federal case by itself. But if these rogue inferior judges are going to routinely issue lawless decisions that the Supreme Court has to deal with anyway, Congress would be well within its rights to just eliminate them.

Roberts and SCOTUS can immediately put these lawless judges in their place, or Roberts can watch his caseload go up 1000x and his court’s precious perceived legitimacy crater overnight.

The age of tolerating this nonsense is over.


5 posted on 02/11/2025 8:49:19 AM PST by Presbyterian Reporter
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To: where's_the_Outrage?
The Democrats know that the upper courts will toss out the lower courts' rulings. What they want is the temporary delay so they can organize and mobilize.

Democrats running to a friendly judge is no different than Hamas calling for a cease fire. They don't really plan to give up, they're buying time to rearm and reattack.

President Trump can't let them get away with this. He needs to find a plan that lets him keep going while these unconstitutional injunctions are being appealed.

-PJ

6 posted on 02/11/2025 8:50:09 AM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: where's_the_Outrage?
the lower courts IMHO do not have the authority to tell the President what to do

This.

The lower courts are a creation of Congress and are therefore inferior to the Constitution. The Supremacy clause of the Constitution makes the office of the Presidency superior to lower courts.

This means that only the Supreme Court has the direct authority to tell the President what the law is.

President Trump would be well within his constitutional authority to declare the district courts to be Constitutionally inferior to his plenary powers as the head of the Executive branch of government, and therefore ignore their injunctions against his legitimate running of the departments under his leadership.

-PJ

7 posted on 02/11/2025 8:54:58 AM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: where's_the_Outrage?

So get them tossed already.

The lawyers Trump has working for him seem to lose every case, or delay it forever.


8 posted on 02/11/2025 8:55:25 AM PST by Fido969
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To: where's_the_Outrage?

“And this court overreach needs to be bitch slapped down.”

*************

The Dems know that it will be slapped down but they are trying to impede Trump by throwing trash cans in front of the Trump train. Its all about slowing it down.


9 posted on 02/11/2025 8:56:10 AM PST by Starboard
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To: where's_the_Outrage?

The problem is the rats can tie things up for years, lose in the higher courts, then file the same things again, (rinse and repeat), tie things up for years, lose in the higher courts, then . . .


10 posted on 02/11/2025 8:57:02 AM PST by Jeff Chandler (THE ISSUE IS NEVER THE ISSUE. THE REVOLUTION IS THE ISSUE.)
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To: where's_the_Outrage?

They BETTER ALL BE TOSSED,,,NOW!!


11 posted on 02/11/2025 8:59:35 AM PST by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: Operation Mockingbird is alive

p


12 posted on 02/11/2025 9:00:00 AM PST by bitt (<img src=' 'width=30%>)
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To: where's_the_Outrage?

They need IMPEACHMENT!!


13 posted on 02/11/2025 9:00:38 AM PST by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: Presbyterian Reporter
"The age of tolerating this nonsense is over."

We pray that is so. Yet the Roberts court has demonstrated they will try to split the baby when legislative remedies are available. Only Alito, Kavanaugh, and Thomas would be certain to uphold the President's executive authority .

14 posted on 02/11/2025 9:00:52 AM PST by buckalfa (They say nothing is impossible, yet I accomplish nothing every day.)
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To: shotgun

>create a law that only allows for the USSC to hear arguments regarding direct action by a sitting President?

The immunity doctrine is clearly related to executive privilege, but not expecting Congress to act with any alacrity to formalize it in a useful way.

Remember that Congress is a herd of cats.


15 posted on 02/11/2025 9:02:35 AM PST by no-s (Caja de jabón, urna, caja de jurado, caja de cartuchos ... ya sabes cómo va...)
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To: where's_the_Outrage?
"And this court overreach needs to be bitch slapped down."

This will require that such a judge be impeached, convicted, removed, disbarred, indicted, tried, convicted, and sentenced for giving aid and comfort to the domestic and foreign enemies of the United States.

16 posted on 02/11/2025 9:03:04 AM PST by Carl Vehse (Make Austin Texas Again!)
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To: where's_the_Outrage?

I’m sure he’s right. If the appeals courts are equally corrupt, then at Scotus.

So why are these judges doing this? A) because the can and B) because it will slow Trump down. Like jamming a stick thru the spokes of a moving bicycle, it probably won’t cause permanent damage but it will result in delay and frustration.

Lawfare is all they have now. It would be naive to think the left won’t use it frequently.


17 posted on 02/11/2025 9:04:15 AM PST by bigbob (Yes. We ARE going back!)
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To: Political Junkie Too

Remove all injunctions and put the cases on the SCOTUS docket for 2029.


18 posted on 02/11/2025 9:05:38 AM PST by EQAndyBuzz (Privatize the administrative state!)
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To: Presbyterian Reporter
... Roberts and SCOTUS can immediately put these lawless judges in their place ...

I don't see how "immediately."

19 posted on 02/11/2025 9:05:56 AM PST by gloryblaze
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To: Carl Vehse

Which will never happen. Being a judge doesn’t mean they can’t make bad decisions and federal judges are not accountable to the people via election, only to higher courts by having their bad judgements overturned. And since they’re appointed for life they could care less.


20 posted on 02/11/2025 9:07:57 AM PST by bigbob (Yes. We ARE going back!)
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