JOHN YOO: Trump scores historic win as Supreme Court reins in lower courts' overreach
Constitutional Accountability Center President Elizabeth Wydra and constitutional attorney Mark Smith weigh in on how the Supreme Court limiting nationwide injunctions on federal judges will impact the birthright citizenship ruling.
In Trump v. Casa, the United States Supreme Court finally put an end to the universal injunctions that trial judges had invented to block presidents from pushing their agendas nationwide.
These orders, which courts applied with special vigor against President Donald Trump, "exceed the equitable authority that Congress has granted to federal courts," the 6-3 majority declared. Even though Casa resolved a question of technical legal procedure, it struck a balance between the Executive and Judicial branches of government that bore greater constitutional importance.
SCOTUS RULES ON TRUMP'S BIRTHRIGHT CITIZENSHIP ORDER, TESTING LOWER COURT POWERS
Casa represented an undeniable victory for the Trump administration. In ruling against many of Trump’s executive orders, district courts had used nationwide injunctions to halt such major initiatives as Trump’s suspension of foreign aid, removal of illegal aliens from Venezuela, layoffs of federal bureaucrats, a bar on transgender soldiers, ending racially discriminatory programs in higher education, and cuts and freezes in federal spending. Trump is now free to enforce those policies in states where the courts have not enjoined them. Ultimately, the Supreme Court will have to resolve the conflict between the federal courts that have enjoined Trump’s policies and those in other states that have not.
Supreme Court justice nominee Amy Coney Barrett wrote the majority opinion limiting lower courts' ability to issue nationwide injunctions. (Tom Williams/CQ-Roll Call, Inc via Getty Images/POOL)
But the legal, rather than the political, issue asks more narrowly how far a federal trial judge – of which there are almost 700 – may go in stopping government action he or she concludes violates the law. All agree that the trial court can grant relief to the parties in the courtroom. In Casa itself, federal judges in several........
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