Judicial Rock: "Injunction Junction, What's Your Function? ..." - Granite Grok

Judicial Rock: “Injunction Junction, What’s Your Function? …”

US Senate 2

If the School House Rock folks want to expand their scope into the 21st century they could do us all a favor. Explain why a district court in Nobodysville America (with a tiny jurisdiction) can impose a rule on the entire country. Because the US Senate is asking the same question.

Related: Has SCOTUS Had Enough of Lower Courts Issuing Nationwide Injunctions?

Yesterday the Senate Committee on the Judiciary held a hearing about national (a.k.a. nationwide or universal) injunctions. There was testimony by supporters and opponents of these injunctions. If you’ve been following this issue, the hearing will interest you.

We’ve covered the issue a few times in recent months. The most notable being AG Bill Barr’s remarks reported here.

Nationwide injunctions not only allow district courts to wield unprecedented power, they also allow district courts to wield it asymmetrically. … No official in the United States government can exercise that kind of nationwide power, with the sole exception of the President. And the Constitution subjects him to nationwide election, among other constitutional checks, as a prerequisite to wielding that power. Even the Chief Justice of the United States must convince at least four of his colleagues to bind the Federal Government nationwide.

The problem is so pervasive that Justice Sotomayor got miffed about the Trump Administration butting into the Supreme Courts Schedule on emergency stay requests (noted here). A concern resulting only because liberal district court judges have been overstepping their authority in the first place at a historical pace. A complaint Sen. Ted Cruz likened to, “an arsonist complaining about the noise from the fire trucks.”

If the Justice feels so put out, perhaps she could lend some testimony to the committee as it pursues some remedy. A problem simply solved by limiting the scope of a court’s edicts to its jurisdiction.

It could never be that simple, could it?

And, just in case you are hankering the real thing…

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