Here’s Why the Supreme Court Striking Down Nationwide Injunctions Won’t End the Judicial Insurrection
Overview of Trump v. CASA Case
- The Supreme Court case addresses district court judges blocking Trump's policies.
- Justice Amy Coney Barrett criticized nationwide injunctions as violating the 1789 Judiciary Act.
- Nationwide injunctions offer broad relief based on just one successful plaintiff suit.
Key Points of the Ruling
- Justice Barrett’s ruling limits the use of universal injunctions.
- The ruling allows two remaining ways judges could still block Trump’s policies.
- The judicial insurrection continues, showcasing resistance to Trump's administration.
Class Action Lawsuits
- The ruling does not impact class action lawsuits.
- Justice Samuel Alito emphasized adherence to Rule 23 of the Federal Rules of Civil Procedure.
- He warned against judges certifying nationwide classes without strict compliance, which could revive universal injunctions.
Administrative Procedure Act
- The 1946 Administrative Procedure Act provides grounds for district court judges to challenge administration policies.
- A footnote in Barrett’s ruling suggests unresolved questions about the Act’s application.
- Potential lawsuits from leftist groups may challenge Trump’s actions under this Act.
Defying the Supreme Court
- Some district court judges may defy the Supreme Court’s rulings.
- Example: Judge Brian Murphy issued an injunction against Trump administration’s deportation actions despite the Supreme Court’s strike down.
- His actions highlight the authority some judges believe they possess.
Ongoing Legal Issues
- While Trump v. CASA addresses injunctions, questions remain about enforcing federal regulations or executive orders during legal challenges.
- Justice Kavanaugh stressed clarity, stability, and the importance of the Supreme Court’s role in these matters.
- The judicial insurrection remains a threat to Trump's administration and policies.
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