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SCOTUS (Almost!) Kills Tyrannical Nationwide Injunctions!
Today the US Supreme Court released its decision in Trump v. CASA. This case was nominally about the legal question of so-called birthright citizenship, in light of a Trump Executive Order “ending” this practice. (In fact, America did not have birthright citizenship even prior to Trump’s EO, and never has, but that’s a different show.)
In fact, the legal question here was not the issue of birth-right citizenship on the legal merits, but rather whether an unelected, black-robed, tyrannical, inferior federal district court judge had the authority to issue a NATIONWIDE INJUNCTION against Trump’s Executive Order, as opposed to any such injunction being limited to the actual parties before the court.
FAIR WARNING: The majority DOES leave a YUGE vulnerability in this check on nationwide injunction, which I expect the insurrectionist judiciary to take full advantage of—more on that in a moment.
Scores of unelected, black-robed, tyrannical, inferior federal district court judge have been issuing nationwide, even international-wide, injunctions against a broad spectrum of Trump policies, even (or especially) when those courts lacked even the basic jurisdiction to hear the dispute before it.
Today, that mostly ends, with the SCOTUS decision authored by Justice Amy Coney Barrett laying out exactly why these nationwide injunctions are an outrageous overreach of the federal judiciary, contrary to hundreds of years of well-established American law.
Even better, in the process of explaining why this is so, Barrett absolutely NUKES the dissent from Justice Ketanji “DEI” Jackson on both legal and intellectual grounds. It’s a degree of in your face I don’t think I’ve ever before seen delivered by one justice to another—and rightly so. (By the way, I expect the deserved heat of this check of Ketanji goes a long way to explaining why Barrett, also a woman, was chosen to author the decision.)
Join me as I break down the majority opinion, which will be great fun.
Less fun, however, I also need to point out a gaping hole in this check on nationwide injunctions that I fully expect to see many of the patently partisan unelected, black-robed, tyrannical, inferior federal district court judge to drive through their outrageously unlawful edicts against the policies of the Article II Executive Branch president elected by the whole of the American people to carry out our political will.
I’m Andrew Branca, a 34-year attorney and member of the Supreme Court bar. My personal mission is to deliver to all of you political and legal analysis that is exuberantly pro-America as envisioned by our Founders, pro-Constitutional order, pro-western civilization, pro-meritocracy, pro-family, and adamantly opposed to everyone and everything barbaric that undermines those values.
My goal is to do what I can to save America, currently in a desperate and existential war against enemies foreign and domestic, from a destruction that would cast ourselves, our posterity, and indeed the world into a dark ages for centuries to come.
And I invite each of YOU to join me in this desperate but worthy mission to save our great nation.
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