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US Supreme Court limits federal judges' power to block Trump orders

theguardian.com

371–380 of 878 posts

Re: US Supreme Court limits federal judges' power to block Trump orders

#371

Earlier quoted context omitted.

> The state of affairs is that: Yes, this has been going on for decades at various levels of government. It's very common when it comes to gun rights. The government (local/state and federal) will frequently avoid appealing if they think they might then lose the case, setting a wide precedent for millions of people.

But the difference is that now the government can continue to enforce its policy against anyone who has not sued.

[deleted]

Re: US Supreme Court limits federal judges' power to block Trump orders

#372

Earlier quoted context omitted.

What people don’t want to admit is that this is exactly what more then half the people wanted. Because of the way the electoral college works as far as the President, gerrymandering with the House and 2 seats per state in the Senate, more people voting who disagree wouldn’t do any good. You can’t shape your community to overcome the power of the federal government.

> this is exactly what more then half the people wanted Donald Trump received only 49.8% of votes in the 2024 United States presidential election.

You’re really pulling at straws. Despite what Michelle Obama says, this is exactly “who we are” and who we have always been from slavery, to Jim Crow, to the dog whistles of Reagan to Willie Horton, to “Obama is a secret Muslim who wants to bring Sharia law”, to “the Haitians are eating our pets”, to the segregated proms that have happened in the rural south as late as the early 2000s.

This is what the American people voted for.

Re: US Supreme Court limits federal judges' power to block Trump orders

#373

Earlier quoted context omitted.

Whether you were personally hurt isn’t the point. Conflicting nationwide rulings from different judges created legal chaos and undermined consistency Courts can still block unlawful policies, but broad relief should come through class actions This ruling doesn’t undo federal supremacy. It just puts guardrails around how relief is issued

This ruling opens the door for more inconsistency. Things can dead-end in a fractured state much more easily now. Without you telling me any specific harms of the "chaos and inconsistency", and how you think they will be reduced now, then I can only consider the harms of the new potentials for inconsistency which is "the excecutive intentionally does not appeal when they lose to small groups because they want to be a…

These come to mind:

1. In 2017, one district court blocked Trump’s travel ban nationwide, while others upheld it. That led to confusion at airports and legal whiplash

2. In 2019, one judge blocked the public charge immigration rule nationwide, while others allowed it. The rule ended up applying in some States and not others

3. Multiple district courts issued conflicting nationwide injunctions on Title IX guidance for transgender students during the Obama and Trump years

Those are just some

Inconsistency is still possible. But the alternative was worse

What we had was a race to the most favorable courtroom

The fix isn’t unlimited injunctions. It’s reform and not stretching judicial power beyond what the law allows

Re: US Supreme Court limits federal judges' power to block Trump orders

#374

[flagged]

> If you have any interest in taking a non-hysterical reaction... What a lovely way to frame a statement and put down people who hold a multitude of opinions that you do not share.

One can find an opinion at the ready but to be hysterical with opinions is a matter of distance.

Re: US Supreme Court limits federal judges' power to block Trump orders

#375

[flagged]

> If you have any interest in taking a non-hysterical reaction... What a lovely way to frame a statement and put down people who hold a multitude of opinions that you do not share.

The well has been poisoned by Sotomayor's dissent, and the headlines which come form it. I'm rebuffing a framing that many have taken who haven't listened to the oral arguments, havent read the judgement, and so on.

I don't take people who engage in this emotionally elevated reaction to the issue to have a different opinion, I take them to have no opinion at all -- because their reaction isn't an evaluation of the judgement.

All i'm saying is, "before you go ham on emotionally disregulation based on media reports, go read a few pages of the actual judgement

Re: US Supreme Court limits federal judges' power to block Trump orders

#376

Earlier quoted context omitted.

Trump did once note an additional option. https://www.nytimes.com/2016/08/10/us/politics/donald-trump-...

Liberals really should arm themselves before these people finally classify "disagreeing with daddy" as a mental disorder. [0] It is obviously hilarious to think the "conservatives" and "2A enthusiasts" would possibly help defend lefties' right to bear arms at this point, as they've shown themselves to be utterly devoid of actual values. People across the political spectrum have an obscene amount of faith in "can't ha…

Using private weapons to fight against the government to protect your rights is a laughably-low-probability-of-success scenario. Even when insurrections or rebellions succeed they often end up... not so great.

We have seen what you get when you have an armed populace. Highly armed cops. Highly armed federal agents. Military equipment for civilian forces. All necessary in order to compete in the arms race against the "bad guys." All cheered for by conservatives, of course!

All that make it that much more easy to start cracking down. Maybe as a first step, issuing pardons for the rebels on your side while increasing the use of force against those protesting you.

Guns are not defensive tools. If you have a gun, but the government shoots first, you still lose.

Re: US Supreme Court limits federal judges' power to block Trump orders

#377

Earlier quoted context omitted.

In that case than this change seems entirely pointless. Obviously there are plenty of states that are highly partisan in either direction. So it seems like the judicious thing to do would've been like "the status quo is fine, rulings that higher courts think are egregious can still be stayed pending appeal." It's hard to believe it's so innocuous given that (a) it is such a new approach to the issue for a not-new fea…

The SC was asked to consider a relatively narrow question of what the limits on equitable remindies in the discrict courts are. In a significant majority of cases they've exceeded their clear authority on anything like a plausible reading of what non-constitutional courts are supposed to do. Ironically, imv, I think in this case, they didnt. This was, imv, a case where a universal injunctions was actually within the…

> Ironically, imv, I think in this case, they didnt. This was, imv, a case where a universal injunctions was actually within the power of the disctict court -- because (and here Sotomayor is correct) the states were being obligated to take on burdens that "crossed state lines" and a complete remedy to relieve them of these burdens actually requires a universal injunction. So, imv, under the history of what equitable remedies are supposed to do, this would be one rare case where the action of the courts could be legally defensible.

> However, the SC was extremely fed up with district courts sending inumerable number of cases their way -- trigger happy judges at the distict level deciding they're going to rule for the whole US in a federal system. So, by this point, they've tried many times to stop it, and it hadnt worked.

...so you were lauding a "Some of you may die, but it's a sacrifice I am willing to make" opinion?

We're talking citizenship here, in a time when the executive branch is deporting people as hastily as possible to prevent judicial review. But the supreme court was "extremely fed up" and took a stand...against universal injunctions. How "non-hysterical" of them.

Re: US Supreme Court limits federal judges' power to block Trump orders

#378

The majority seems too trusting that the government will appeal its losses. Strategically, the government could enact a policy affecting a million people, be sued, lose, provide relief to the named plaintiffs, and then not appeal the decision. The upper courts never get the opportunity to make binding precedent, the lower courts do not get to extend relief to non-plaintiffs, and the government gets to enforce its ill…

This administration does not really care about the rule of law. It cares to some degree about public perception. The timing of this ruling is about revoking birthright citizenship, which is a huge Constitutional trampling. There were opportunities four years ago for the SC to step in and they refused to intercede. For example, why didn't they rule in favor of executive authority when President Biden he tried to forgi…

[flagged]

Re: US Supreme Court limits federal judges' power to block Trump orders

#379

This is essentially an ad hoc Constitutional Convention being carried out by 6 people, 3 of whom were hand-picked by the sitting president and another of whom is arguably the most corrupt Supreme Court Justice in our history. Nothing is off the table. Anyone who thinks the Constitution can protect them should think again.

It's amazing how much people love unlimited authority as long as they perceive that they are on the winning team.

Re: US Supreme Court limits federal judges' power to block Trump orders

#380

This had to happen. The state of affairs prior to this ruling is that any of 700 district judges could unilaterally block the president from exercising his authority under the constitution pending a review, including matters of national security, based on their own subjective politics. It broke the proper functioning of the government. This restores a proper functioning balance of powers.

>The state of affairs prior to this ruling is that any of 700 district judges could unilaterally block the president from exercising his authority under the constitution pending a review, including matters of national security, based on their own subjective politics. It would be more accurate to say that prior to this ruling, any of 700 district judges could unilaterally block the president from exceeding his authori…

Your premise is false, exceeding is not the limit, because the limit is at the behest of any of the judges; given a judge exceeds their rational, then they exceed their rational ability to limit the executive branches power
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