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In a speech before the Federalist Society several days ago, Vice President Pence announced that the administration would be developing and pursuing a strategy to attack the legal basis for nationwide injunctions issued by U.S. District Court judges:
“The Supreme Court of the United States must clarify that district judges can decide no more than the cases before them — and it's imperative that we restore the historic tradition that district judges do not set policy for the whole nation," Pence told the conservative lawyers group.
Days - Administration - Opportunities - Question - Supreme
“In the days ahead, our administration will seek opportunities to put this question before the Supreme Court — to ensure that decisions affecting every American are made either by those elected to represent the American people or by the highest court in the land.”
Pence's comments reflect a growing concern from a number of commentators and observers of the courts over the increasingly frequent propensity of district court judges to reach beyond the scope of their district in either forcing, or preventing, actions undertaken by the government on a national basis. Supreme Court Justice Clarence Thomas is one of those observers who has openly questioned the legitimacy of such injunctions.
Needless - Organizations - Arms - Possibility - Challenge
Needless to say, many progressive organizations are up in arms about the possibility of a challenge to nationwide injunctions, and with good reason: they have become a mainstay of the "lawfare" used by such groups to attack many of the Trump administration's major initiatives, particularly in the immigration arena.
For instance, according to The Hill:
Wang - Power - Injunctions - Constitution
“Wang also argued that the power to issue nationwide injunctions is protected under the Constitution.
“‘I can't take seriously the vice president's threat to undo what the founders of the country, the framers of the Constitution intended, which is to have a safeguard against unlawful executive branch action,’ Wang said.”
Wang - Assertions - History
Wang's assertions go beyond revisionist history and...
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