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Anti-Trump judges brutally slapped down with groundbreaking bill

Always in His Presence

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Anti-Trump judges brutally slapped down with groundbreaking bill


Nationwide injunctions granted by federal district judges that impact all Americans may soon be a vestige of the past after a Republicans pushed through a bill to help the Trump administration.
The House passed the 'No Rogue Rulings Act' Tuesday 219 - 213. The bill now heads to the Republican-Senate, which is expected to pass the measure.

The bill restricts federal district courts from issuing nationwide injunctions, except in certain instances, and is aimed to curtail judicial blocks on the Trump administration's agenda.

'These rogue judge rulings are a new resistance to the Trump administration and the only time in which judges in robes in this number have felt it necessary to participate in the political process,' the bill's author, Rep. Darrell Issa, R-Calif., said this week.
 

7thKeeper

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Will the judges follow this new law when it is signed?
I'm glad that you're not bothering to hide the love of authoritarianism and the shifting of power to just one branch of the government.
 
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JSRG

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Ah, great. There's the Gleichschaltung of the judiciary. I wondered how long that would take. 3 months sounds about right.
Unless I am missing or overlooking something in the bill's text, it looks to me like it's just a bill to stop nationwide injunctions, making it so judge rulings apply only directly to the parties themselves. A desire to stop nationwide injunctions is hardly "Gleichschaltung", and indeed nationwide injunctions were really not a thing until the 1960's, and even then didn't start to become common until even later than that.

To put into perspective the problem of nationwide injunctions: Suppose a new federal policy is implemented, and due to it being controversial, a lot of people in different areas sue over it. The question goes in front of, say, 45 different district judges. 44 say the policy is lawful and constitutional. The 45th says it isn't lawful and issues a nationwide injunction. Congratulations, that one single judge has set judicial policy for the entire country (at least until appeal, which can take a while), even though they were only 1 out of 45! And with the power of forum shopping, a plaintiff can dramatically increase their odds of making sure their lawsuit gets heard by a judge likely to be that 1 of 45!

In fact, the arguments against nationwide injunction have been strongly articulated by outlets that are no fans of Trump:


Daily Kos, The Atlantic, and Vox are not conservative sources. And they were all complaining about the practice of nationwide injunctions.

Though there's the rub: Such articles by liberals appear to have not been common when Trump was in power, but were more popular when Obama or Biden was. Thus, liberals were complaining about the practice of nationwide injunctions when it was used by conservatives against them... but largely seem to have clammed up about it after it was being used by liberals against Trump (the linked Vox article, written while Trump was president, is an exception)

Of course, this inconsistency applies just as much to Republicans. The things this bill would stop? Were exactly the things conservatives were perfectly happy to do while Biden was in charge. But now that Republicans are in charge and it's liberals who are using nationwide injunctions against them, all of a sudden this is an issue that needs to be stopped. If an identical bill to this was introduced 1 year ago, I expect many (perhaps even most?) of the people voting for it would have voted against it.

Still, however inconsistent the parties' stances may have been, a desire to halt nationwide injunctions is absolutely something that people bitterly opposed to Trump have argued for.
 
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Nithavela

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Unless I am missing or overlooking something in the bill's text, it looks to me like it's just a bill to stop nationwide injunctions, making it so judge rulings apply only directly to the parties themselves. A desire to stop nationwide injunctions is hardly "Gleichschaltung", and indeed nationwide injunctions were really not a thing until the 1960's, and even then didn't start to become common until even later than that.

To put into perspective the problem of nationwide injunctions: Suppose a new federal policy is implemented, and due to it being controversial, a lot of people in different areas sue over it. The question goes in front of, say, 45 different district judges. 44 say the policy is lawful and constitutional. The 45th says it isn't lawful and issues a nationwide injunction. Congratulations, that one single judge has set judicial policy for the entire country (at least until appeal, which can take a while), even though they were only 1 out of 45! And with the power of forum shopping, a plaintiff can dramatically increase their odds of making sure their lawsuit gets heard by a judge likely to be that 1 of 45!

In fact, the arguments against nationwide injunction have been strongly articulated by outlets that are no fans of Trump:


Daily Kos, The Atlantic, and Vox are not conservative sources. And they were all complaining about the practice of nationwide injunctions.

Though there's the rub: Such articles by liberals appear to have not been common when Trump was in power, but were more popular when Obama or Biden was. Thus, liberals were complaining about the practice of nationwide injunctions when it was used by conservatives against them... but largely seem to have clammed up about it after it was being used by liberals against Trump (the linked Vox article, written while Trump was president, is an exception)

Of course, this inconsistency applies just as much to Republicans. The things this bill would stop? Were exactly the things conservatives were perfectly happy to do while Biden was in charge. But now that Republicans are in charge and it's liberals who are using nationwide injunctions against them, all of a sudden this is an issue that needs to be stopped. If an identical bill to this was introduced 1 year ago, I expect many (perhaps even most?) of the people voting for it would have voted against it.

Still, however inconsistent the parties' stances may have been, a desire to halt nationwide injunctions is absolutely something that people bitterly opposed to Trump have argued for.
It's another tool to stop the judiciary from slowing down the governments extra-legal activities. Slowing it down is enough since the current US regime as been shown very happy to just create facts and then wash their hands off of any consequences.
 
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Always in His Presence

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I'm glad that you're not bothering to hide the love of authoritarianism and the shifting of power to just one branch of the government.
uh huh....

or.....

I support the separation of powers as it is designed.
 
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7thKeeper

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uh huh....

or.....

I support the separation of powers as it is designed.
No, seems more like the first option to me, especially considering all the other stances you've shown to take here. But let's not get too distracted from the topic.

So Trump doesn't want the legal system to get in the way of his authoritarian desires, like laughing at Supreme Court demands. Yeah, seems on par.
 
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Always in His Presence

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No, seems more like the first option to me, especially considering all the other stances you've shown to take here. But let's not get too distracted from the topic.

So Trump doesn't want the legal system to get in the way of his authoritarian desires, like laughing at Supreme Court demands. Yeah, seems on par.
uh huh.. Thanks for your opinion -

Here is what you are missing - or ignoring - key words here:

Nationwide injunctions granted by federal district judges
District - Not national - they have influence in their DISTRICT.

Additionally:


Please note District Federal Judges do NOT have jurisdiction over matters of National Security or Executive Branch actions.
 
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RocksInMyHead

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uh huh.. Thanks for your opinion -

Here is what you are missing - or ignoring - key words here:


District - Not national - they have influence in their DISTRICT.
The district breakdown is about handling caseload, not specific areas where orders can be enforced.
Additionally:


Please note District Federal Judges do NOT have jurisdiction over matters of National Security or Executive Branch actions.
Please note that the section of US code you've cited here pertains to civil litigation with respect to the US tax code (Title 26). This is not the section of US Code that lays out the responsibilities and regulations governing the courts in general - that's Title 28. Chapter 85 of Title 28 lays out the jurisdiction of the district courts specifically: 28 U.S. Code Chapter 85 Part IV - DISTRICT COURTS; JURISDICTION
 
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Hans Blaster

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The House passed the 'No Rogue Rulings Act' Tuesday 219 - 213. The bill now heads to the Republican-Senate, which is expected to pass the measure.
It is now? What makes you think it will?
 
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Hans Blaster

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The district breakdown is about handling caseload, not specific areas where orders can be enforced.

Please note that the section of US code you've cited here pertains to civil litigation with respect to the US tax code (Title 26).
High-lare-ee-ous
This is not the section of US Code that lays out the responsibilities and regulations governing the courts in general - that's Title 28. Chapter 85 of Title 28 lays out the jurisdiction of the district courts specifically: 28 U.S. Code Chapter 85 Part IV - DISTRICT COURTS; JURISDICTION
to the specific point:

28 U.S. Code § 1331 - Federal question

to quote it in full:

"The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."
 
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FAITH-IN-HIM

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It is now? What makes you think it will?

If Democrats do not prevent this bill from passing in the Senate, they might as well disband the party and relinquish democracy to be governed by a single party.

This bill contradicts the principles that Americans have upheld over the past 250 years.
 
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