Rogue District Court Judges Get Asses Kicked
- Thread starter Rockaway
- Start date
Likely going to come to regret this when a democratic president signs an executive order which you would have wanted someone to block quickly because it was clearly unconstitutional.
Been there already.
A major key to the United States success over the years is the checks and balances of three coequal branches of government. District Court overreach was a threat to that balance as it effectively had District Court judges are planting executive authority. The Supreme Court did what it needed to do to reestablish a constitutional balance.
Note that the decision didn't say that a district court can never issue a national injunction. It just says that there has to be a reasonable basis for it. Essentially, it is a tool of last resort and not first resort.
I’d bet there are groups of liberal legal activists meeting up today to figure out how to push some of their wish list through and how to skirt the risk of injunction.
If this ruling happens 4 years ago, I think Biden would have likely succeeded in canceling student debt.
I think this is a protection that people who are celebrating now are going to miss in the near future.
Well, remember that the Biden administration ignored the prohibition against unilaterally canceling student debt and there was no great hew and cry about it being an assault on the constitution.
That said, I go back to my point, which is balance is the key to our system. The emergence of District Court judges issuing nationwide injunctions had thrown that system out of balance, allowing for firm shopping and elevating the judiciary above the executive branch. The Supreme Court, noting that that is an extraordinary measure that should really be used only under very unique circumstances was a step toward bringing the system back into balance though an imperfect one in my view. My guess is the next thing we will see is class action cases being brought against the executive branch which arguably has a more reasonable basis for a nationwide injunction.
That’s not entirely correct. A path was blocked and they were limited on what they could do so they went a different route and cancelled what they were allowed to, and there was plenty of crying about that at the time.
And the class actions will be shopped as well to favorable locations, albeit more carefully since they can’t lose and then try again in 5 other locations.
Class actions will take more time, and again, all I’m saying is that this will make it easier to pass an executive order and implement it before a challenge can get through. Dems will play by the same rule book and when they do, people are going to miss how it worked previously.
I'm not a huge fan of district court judges, usurping the power of the executive branch and that is exactly what I think was happening with the nationwide injunctions. Elections have consequences and part of that is that the executive branch has certain constitutional powers. So if a Democratic president is elected, he or she absolutely should be able to execute those powers just as the current administration can.
For what it's worth what we've been seeing in the early part of President Trump's second term has been, in my opinion, and apparently in the Supreme Court's opinion and abuse of the judicial process. It's good that they, by and large, put an end to it.
Thanks for adding your context there. I think your position is fair. I can certainly see the argument that the power was being abused. We’ll see how it plays out and what it means for EO’s that are constitutionally questionable.
Similar threads
