Tuesday, May 27, 2025

Only SCOTUS Can Rein In The Judicial Coup

On May 15, the Supreme Court discussed an ongoing issue regarding federal district court judges issuing nationwide injunctions against the Trump administration. These injunctions have become a significant concern, particularly as many judges involved were appointed by Democrats and appear to be obstructing the President's agenda.

• Numerous lawsuits, over 200, have been filed against Trump's executive orders, resulting in numerous nationwide injunctions.

• Three key cases from Washington, Maryland, and Massachusetts focused on an executive order that aimed to end universal birthright citizenship, with opponents claiming it violates the 14th Amendment.

• In just four months, around 40 nationwide injunctions were issued against Trump, almost double the total during Biden’s four-year term, with many stemming from five specific judicial districts.

• Critics argue these judges may be trying to reverse the outcomes of the last election and maintain policies rejected by a majority of voters.

• The Supreme Court has previously ruled that one district judge shouldn't have the power to block presidential policies on a national level, and this situation may warrant a reevaluation of those precedents.

• The May 15 oral arguments were unusual, suggesting a possible recognition by Chief Justice John Roberts of the ongoing judicial crisis caused by lower court actions.

• Justices expressed varied views; some, like Alito, criticized the judges for overstepping, while others seemed to question the fairness of applying strict standards differently based on the administration involved.

• The government requested limits on injunctions to only those who filed lawsuits instead of nationwide applications.

• Concerns were raised regarding judicial overreach, as judges act like super legislators, bypassing proper checks and balances prescribed by the Constitution.

The Supreme Court's hearing highlighted the need for a careful examination of the power dynamics between the judiciary and the executive branch, particularly regarding the authority of district court judges to issue nationwide rulings that could undermine the President's agenda. The justices are urged to reaffirm judicial limitations to uphold the Constitution's balance of powers. 

https://thefederalist.com/2025/05/27/only-scotus-can-rein-in-the-judicial-coup/

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