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On May 15, the U.S. Supreme Court hears the debate in a series of cases in which individual district court judges ask the court to determine whether the federal government can unilaterally halt its enforcement of laws or policies across the country. The court should jump at the opportunity to end this practice.
Usually, if a district court has a plaintiff challenge to federal policies, the court’s injunction applies only to that plaintiff.
However, in the 1960s, some judges invented a new tool called a universal injunction to impose a will on the state. Instead of addressing the concerns of one plaintiff, these judges began banning the government from enforcing policies Anyone, Anywhere.
President Joe Biden faces 14 universal injunctions over his four-year term, and President Donald Trump has surpassed that number in less than four months. (Fox News)
Universal injunctions give individual judges extraordinary power. Don’t you like the laws passed by Congress? It’s gone. Don’t you like agency regulations? He’s dead. Don’t you like the president’s policy? Goodbye.
The only solution to the radical district judge crisis
Initially, these universal injunctions were rare. The court issued only 27 universal injunctions until the 21st century. But in recent decades, they have become facts of life. President Joe Biden faces 14 universal injunctions over his four-year term, and President Donald Trump has surpassed that number in less than four months.
The Constitution does not say that the district courts have this immeasurable power. Congress has not even permitted the courts to issue universal injunctions. The universal injunction was also not recognized in the UK, where the United States procured much of its jurisprudence.
However, individual judges across the country claim the entire federal government has the authority to shriek at Penn’s stroke.
Left judges caused by injustice, attachment to emotions, not fact
Worse, judges often issue these universal injunctions after preliminary hearings where discussions by the parties are limited. There is no juju judge. There is no trial. There is no actual test of evidence at all. It also means that the courts have little time to consider gnarly’s legal matters. As such, judges can close federal policies across the country within days or hours.
This practice gives virtually free discretion to the country’s most extreme jurists. The government was able to successfully adhere to policies in front of hundreds of district judges, but one judge who disagreeed with it was able to wipe out policies across the country.
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Because an injunction could prohibit the enforcement of laws or policies anywhere, the federal government naturally feels compelled to appeal the case to the Supreme Court immediately if necessary. This rushing process undermines judicial decision-making.
The Supreme Court likes cases to take time, and legal issues permeate in lower courts. This gives many legal scholars and judges the opportunity to share their views and fully consider the issue. However, universal injunctions often force the Supreme Court to abandon this thorough and deliberative process in favor of a rushed ruling based on half-hearted briefs.
One fraudulent judge has assumed the power to ban federal policies across the country, and cannot force the Supreme Court to hurry on complicated legal issues.
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This is not an ideological issue. Justices Neil Gorsuch, Clarence Thomas and Elena Kagan have all expressed concern about a universal injunction short-circumventing the American judicial system. This is not a partisan issue either. Lawyer generals for both President Biden and Trump have called on the Supreme Court to put an end to the universal injunction.
These individuals understand better than anyone that the ramp-prolonged use of universal injunctions by district court judges threatens to destabilize the judiciary and indeed the entire government system. We hope that the courts will take advantage of the opportunity to end this illegal practice in full.
For more information about Sen, click here. John Kennedy
