Free Republic

The Supreme Court has set a new, higher bar for judges seeking to block Trump administration policies nationwide. But some legal routes remain open.A Supreme Court ruling limiting the ability of judges to block White House policies will bring a wave of urgency and uncertainty to the federal courts, experts said, as plaintiffs pursue new ways of blocking President Trump’s agenda and judges sort out how to apply the court’s complex ruling. On Friday, the Supreme Court ruled that district court judges likely exceeded their authority with so-called nationwide injunctions. Also known as universal injunctions, they have been used by...

The Supreme Court unanimously decided on Thursday to limit environmental reviews for major infrastructure projects in a case that will have sweeping impacts on President Donald Trump’s energy agenda. In a move that will restrict power of federal judges, Thursday’s decision reduces the scope of reviews under the National Environmental Policy Act (NEPA) to focus solely on immediate impacts. Under NEPA, federal agencies are required to study any potentially significant environmental consequences of federal permits for infrastructure projects. “NEPA does not allow courts, ‘under the guise of judicial review’ of agency compliance with NEPA, to delay or block agency projects...

Liberals control the legal profession, from the law schools and litigious nonprofits to the bar associations and judges (including many Republican appointees). Judicial supremacy, implemented through “universal injunctions,” allows any liberal legal group to tap one of 670 district judges in 94 district courts to decide on a broad range of public policies, which the political elite then treat as “law.” The good news: Evidence seems to suggest that at least three Supreme Court justices intend to end this irrational practice. We might only have three justices on our side, but governors should still firmly reject overreaching judges who believe...