Ingraham: Looks Like Justices Thomas and Gorsuch Have Had Enough of Nationwide Injunctions

Ingraham: “Well, you never heard John Roberts, you know, God bless him, you never heard John Roberts talk about the threat to the judiciary under those circumstances.”

Lee: “Not Chief Justice Roberts, not Justice Sotomayor, not any of those who —“

Ingraham: “Ketanji Brown Jackson.”

Lee: “— at times have been sympathetic to the left.”

Ingraham: “Justice Thomas and Gorsuch have both had language in their previous opinions which indicate their great concern about these nationwide injunctions. Justice Thomas: ‘Universal injunctions are legally and historically dubious.’ Then, ‘common practice of trial courts ordering relief that transcends the cases before them.’ That’s Justice Gorsuch. Looks like those two have had about enough of these nationwide injunctions. But the real question is, I guess, Kavanaugh, although he’s kind of an executive Branch guy. Amy Coney Barrett. And who else might be? The chief.”

Lee: “Yeah, yeah. And the chief. Look, there’s always some uncertainty as you approach a Supreme Court argument. I do think, though, we can probably count to five, possibly six, possibly even higher.”

Ingraham: “Possibly Kagan.”

Lee: “Yes, because this is not — this is not distinctively political, Laura. This is a constitutional issue. If we look at this from the standpoint of Article III of the Constitution, which outlines the authority of the courts, what it does, it gives the courts the power to decide cases and controversies based on the meaning of the law, not to relitigate policy determinations. That’s the problem we have here. That’s the problem I hope and expect to see the Supreme Court resolve in the case being argued tomorrow.”

Ingraham: “And it also reminds us that the Trump Administration needs to get a lot of judges confirmed.”

Lee: “100 percent.”

Ingraham: “A lot. And McConnell was good at that. So they got to move on that. Senator, great to see you.”

Lee: “Likewise.”

Ingraham: “I’ll report back to you what I see tomorrow.”