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SCOTUS Limits Federal Judges’ Ability to Block Executive Actions Nationwide

Always in His Presence

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SCOTUS Limits Federal Judges’ Ability to Block Executive Actions Nationwide


In a sweeping ruling, the Supreme Court limited the ability of federal judges to block executive actions throughout the country through nationwide injunctions, greatly affecting how parties seek judicial relief going forward.​
The court’s 6-3 ruling Friday, with all six GOP-appointed justices in the majority, deals a significant blow to legal challenges against President Donald Trump’s extreme executive orders and other actions, many of which have been blocked or temporarily put on hold through nationwide injunctions.​
 

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SCOTUS Limits Federal Judges’ Ability to Block Executive Actions Nationwide


In a sweeping ruling, the Supreme Court limited the ability of federal judges to block executive actions throughout the country through nationwide injunctions, greatly affecting how parties seek judicial relief going forward.​
The court’s 6-3 ruling Friday, with all six GOP-appointed justices in the majority, deals a significant blow to legal challenges against President Donald Trump’s extreme executive orders and other actions, many of which have been blocked or temporarily put on hold through nationwide injunctions.​
This ruling will make the work of opposing Executive Orders a bit more arduous, (opponents will have to find people affected by an EO in each Circuit and sue).
Maybe this will be better?
If there is a unanimity of opinions between the circuits, then we should be able to better understand why an EO succeeds (or fails), if there’s circuit splits, then off to SCOTUS.
 
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Always in His Presence

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This ruling will make the work of opposing Executive Orders a bit more arduous, (opponents will have to find people affected by an EO in each Circuit and sue).
Maybe this will be better?
If there is a unanimity of opinions between the circuits, then we should be able to better understand why an EO succeeds (or fails), if there’s circuit splits, then off to SCOTUS.
yup no more activist judges stonewalling the President.
 
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A2SG

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yup no more activist judges stonewalling the President.
Yup, El Presidente gets to do anything he wants, and the courts can't say a thing.

But not like a dictator. No, no.

-- A2SG, what's next? Punishing the media outlets who don't praise him enough?
 
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public hermit

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Always in His Presence

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Yup, El Presidente gets to do anything he wants, and the courts can't say a thing.
No, not even close. When there is a dispute between lower courts and the President, it is the job of the superior court to resolve who is correct. They sided with the President

Our system in action
Is any judge who disagrees with (makes a judgment against) a Trump policy or EO also an activist judge?
Nope only the ones who step out of their area of influence and over step their authority

Which they did.
 

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No, not even close. When there is a dispute between lower courts and the President, it is the job of the superior court to resolve who is correct. They sided with the President

Our system in action
Exactly. Trump says he wants to do something, one court rules that the Constitution doesn't allow it, and Trump's handpicked SCOTUS says yes, he can do it anyway.

Not at all like a dictator, no, no.

Nope only the ones who step out of their area of influence and over step their authority

Which they did.
According to Trump, who says that about anyone who disagrees with him.

-- A2SG, why even bother with a Constitution anyway....
 
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Always in His Presence

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Exactly. Trump says he wants to do something, one court rules that the Constitution doesn't allow it, and Trump's handpicked SCOTUS says yes, he can do it anyway.

Not at all like a dictator, no, no.


According to Trump, who says that about anyone who disagrees with him.

-- A2SG, why even bother with a Constitution anyway....
How do you explain the times SCOTUS does not rule in Trumps favor?

Like here:


 
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A2SG

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How do you explain the times SCOTUS does not rule in Trumps favor?

Like here:


Trump didn't hand-pick every justice on the Court.

-- A2SG, even a broken clock is right twice a day, y'know....
 
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Exactly. Trump says he wants to do something, one court rules that the Constitution doesn't allow it, and Trump's handpicked SCOTUS says yes, he can do it anyway.

Not at all like a dictator, no, no.

And this is different from prior Presidents... how, precisely?

If a President tries to do something, one court rules against him, and then the Supreme Court says yes, they can do it, then they can do it. This is how the process has worked for over two centuries. I fail to see how the exact system that essentially every prior President dealt with somehow makes Trump a dictator dictator-like.

You do specify "Trump's handpicked SCOTUS" which perhaps means because Trump chose some Supreme Court justices, that makes him more like a dictator... except that, again, is the situation that every President has faced, as every President gets to appoint Supreme Court justices when vacancies arise (a few did not have an opportunity, but most did). Was the SCOTUS "handpicked" for Obama because he appointed two justices? Or Bush? Or Clinton? Or the prior Bush?

Or, if those do not count because they appointed "only" two and Trump got three, does that therefore mean Reagan, Nixon, or Truman are dictator-like because they appointed four? Or Eisenhower, who appointed five? (a majority!) To say nothing of Franklin Roosevelt's impressive appointing of, depending how you count it, either eight or nine justices! (he appointed nine different justices, but one justice was a replacement for another he appointed, so there was not any point where he appointed all nine justices on the court) Were all of them dictator-like?
 
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A2SG

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And this is different from prior Presidents... how, precisely?

If a President tries to do something, one court rules against him, and then the Supreme Court says yes, they can do it, then they can do it. This is how the process has worked for over two centuries. I fail to see how the exact system that essentially every prior President dealt with somehow makes Trump a dictator dictator-like.
I don't recall any other president denying due process and shipping accused people to other countries, and then refusing to return them when ordered to by the court. Is this common practice for US president and I somehow missed it happening?

But, further, even if we assume it has happened before, and often, does that mean it's a practice that should continue?

I could say the same about any of Trump's other attempts to subvert the constitution, but that stands as one example.

You do specify "Trump's handpicked SCOTUS" which perhaps means because Trump chose some Supreme Court justices, that makes him more like a dictator... except that, again, is the situation that every President has faced, as every President gets to appoint Supreme Court justices when vacancies arise (a few did not have an opportunity, but most did). Was the SCOTUS "handpicked" for Obama because he appointed two justices? Or Bush? Or Clinton? Or the prior Bush?
Yeah, I'll admit that's hyperbole. I'm well aware that Donald Trump did not nominate Clarence Thomas to the SCOTUS, for example, but it's clear Thomas has been ruling in favor of Trump far more often than he hasn't. Now, we can claim this is simply that he and Trump agree on certain legal issues, but can you truly believe that every ruling is a good one? Take, for example, the ruling on presidential immunity. That one seems tailor made for Trump, specifically. Also Clarence Thomas' sole opinion about the constitutionality of appointing special counsels, which aided in having one of the indictments against Trump dismissed. And that one didn't even have the full court behind it, Just Thomas alone.

But, that said, I'll admit I'm spouting my own opinion here. Yes, the SCOTUS is the final word on constitutional issues here, and yes, their rulings stand regardless of how I, personally, feel about them. But, same as with those who disagreed with Roe v. Wade before it was reversed, I'm free to disagree with any decision I wish to. Hopefully, much like with Roe v. Wade, these decisions will be reversed as well, before someone worse than Trump (as difficult as that is to imagine) comes along and causes even more damage.

Or, if those do not count because they appointed "only" two and Trump got three, does that therefore mean Reagan, Nixon, or Truman are dictator-like because they appointed four? Or Eisenhower, who appointed five? (a majority!) To say nothing of Franklin Roosevelt's impressive appointing of, depending how you count it, either eight or nine justices! (he appointed nine different justices, but one justice was a replacement for another he appointed, so there was not any point where he appointed all nine justices on the court) Were all of them dictator-like?
My view here is that Trump is acting in an authoritative manner, and trying to act as if he were a dictator, and the SCOTUS with it's 6-3 conservative majority, seems to be more than willing to aid him in that goal. I always considered the judiciary to be a bulwark against that kind of thing, and I guess I just wish they actually were, instead of an ally.

-- A2SG, but in the end, I know I'm just some random yahoo on the internet....
 
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SCOTUS Limits Federal Judges’ Ability to Block Executive Actions Nationwide


In a sweeping ruling, the Supreme Court limited the ability of federal judges to block executive actions throughout the country through nationwide injunctions, greatly affecting how parties seek judicial relief going forward.​
The court’s 6-3 ruling Friday, with all six GOP-appointed justices in the majority, deals a significant blow to legal challenges against President Donald Trump’s extreme executive orders and other actions, many of which have been blocked or temporarily put on hold through nationwide injunctions.​
thank you for posting this excellent news, sir!

God bless you abundantly!
 
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ozso

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Is any judge who disagrees with (makes a judgment against) a Trump policy or EO also an activist judge?
No, because judges who are accused of being in Trump's pocket have ruled against him.
 
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I don't recall any other president denying due process and shipping accused people to other countries, and then refusing to return them when ordered to by the court. Is this common practice for US president and I somehow missed it happening?

But, further, even if we assume it has happened before, and often, does that mean it's a practice that should continue?

I could say the same about any of Trump's other attempts to subvert the constitution, but that stands as one example.

But now you are making a considerably different claim than the one you were making. Your complaint was that the system where a lower court could say the President couldn't do something, but then the Supreme Court (which could have people appointed by the President) could say the President could do it, was somehow dictator like. As I noted, that is literally the system that has been around since the Constitution was ratified, and it is not even unique to the United States, given various other democracies have this sort of system.

Now you are essentially changing the subject to something different, and one that ironically is not even compatible with your prior complaint. Before, you were complaining about the fact the Supreme Court could overturn a lower court and say the President could do something even if that lower court said he couldn't. Now, however, your complaint is to apparently refer to Abrego Garcia... a time when the Supreme Court said the President couldn't have deported him the way he did and he should try to get him back. So it appears the example of the Supreme Court saying the President could do something a lower court said he couldn't is to point to the Supreme Court saying he couldn't do something, namely deport Abrego Garcia to the country he was deported to? Even setting that aside, Trump did (after a bunch of hemming and hawing) get him back anyway, so he ultimately didn't refuse.
 
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Why do you think it's a good thing? Was it a problem when the courts repeatedly stonewalled Biden's agenda?
Because I'm tired these attacks against our President.
 
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RocksInMyHead

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Because I'm tired these attacks against our President.
What "attacks"? When presidents take unilateral executive actions, they should expect to get some pushback - especially if those actions have wide-reaching effects (like rescinding birthright citizenship). We have a Congress to make laws for a reason - because our founders did not want the nation to be governed solely by one man (the president). Bypassing Congress to enact policy should be reserved for extraordinary situations (e.g. wartime expediency), not basic policy agenda items.

The fact that you see legal oversight of the President's actions as an "attack" is deeply concerning to me.
 
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What "attacks"? When presidents take unilateral executive actions, they should expect to get some pushback - especially if those actions have wide-reaching effects (like rescinding birthright citizenship). We have a Congress to make laws for a reason - because our founders did not want the nation to be governed solely by one man (the president). Bypassing Congress to enact policy should be reserved for extraordinary situations (e.g. wartime expediency), not basic policy agenda items.
Fair enough.

Have a nice day.
 
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