No More Universal Injunctions

This is actually a very sensible decision by the Supreme Court to limit the power of lower-ranking federal judges:

The Supreme Court on Friday limited the use of nationwide injunctions, reining in federal judges’ ability to issue sweeping orders that have in recent years stymied implementation of policies from Republican and Democratic presidential administrations alike.

In a widely anticipated decision stemming from President Trump’s executive order seeking to end birthright citizenship, the high court said that universal orders likely exceed the equitable authority that Congress has granted to the federal courts. Justice Amy Coney Barrett authored the majority opinion for the 6-3 court, with the liberal justices in dissent.

The court granted the Trump administration request to narrow the reach of the injunctions blocking the president’s executive order while proceedings move forward, but “only to the extent that the injunctions are broader than necessary to provide complete relief” to plaintiffs who can sue, Barrett wrote. The justices did not address the question of whether Mr. Trump’s order is constitutional, and the administration has said agencies have 30 days to issue public guidance about implementation of the policy, allowing time for more challenges to be filed.

“Some say that the universal injunction ‘give[s] the Judiciary a powerful tool to check the Executive Branch.’ But federal courts do not exercise general oversight of the Executive Branch; they resolve cases and controversies consistent with the authority Congress has given them,” Barrett wrote. “When a court concludes that the Executive Branch has acted unlawfully, the answer is not for the court to exceed its power, too.”

It’s one thing when the Supreme Court limits the Executive Branch. But permitting the lower ranking courts to do so, and to extend their state and regional jurisdictions to the entire country, has never made any sense at all, especially in light of how different District Court judges often rule differently on the same sorts of issues.

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