In very simple terms, the Supreme Court ruled today (6-3) that federal judges can only grant relief to the individuals or groups who brought a particular lawsuit. This relief cannot be extended to other individuals not party to the original actions without going through the process of converting a lawsuit into a class action. Class actions are a type of litigation that requires challengers to clear specific procedural hurdles.
As usual, the DEI justices dissented.
The Constitution never intended for low level judges to have the ability to issue nationwide injunctions. Low level federal judges are supposed to adjudicate the cases before them and apply remedies to those cases.
This effectively ends the issue of nationwide injunctions. This should end the process known as “judge shopping” where lawfare litigants look for a sympathetic judge who will micro-manage the executive branch of the government.
This is a huge ruling. It takes much of the wind out of the sails of the “God wears a black robe” contingent of the judiciary. The move of too many in the judicial branch toward this idea that the judiciary is supreme has been a big factor hurtling us toward a potential civil war.
This decision reaffirms the rightful balance of power between the judiciary and the executive, curbing the ability of unelected district judges to paralyze the ability of a duly elected president to carry out the agenda he ran on.
The Court ruled that federal district courts lack the constitutional or statutory authority to issue so-called ‘universal injunctions’ — sweeping orders that block government policies nationwide, often at the request of left-wing advocacy groups.
Justice Amy Coney Barrett, writing for the majority, dismantled the legal foundation of these injunctions with surgical precision. Barrett declared that such “universal” remedies lack any historical basis in the equitable traditions of the Judiciary Act of 1789.
What was absolutely stunning is what Justice Barrett had to say about Justice Jackson.
Did Barrett just call Jackson dumb? If Barrett thinks this, just what do Alito and Thomas think when Jackson opens her mouth?
Was Jackson nominated by President Otto Pen?
Justices are supposed to analyze their cases based on the law and the Constitution not their feelings or emotions. There should not be a Latinx justice as Sotomayor once proclaimed herself. There should be no other category of justice either other than people who analyze cases based on the Constitution.