It's no longer 677 to 1

Trump v CASA: The Supreme Court takes away the Judiciary's Trump card

A big win in the Supreme Court against nationwide injunction released today in Trump v. CASA. District Court judges do not have the authority to issue a nationwide injunction. I’ve only skimmed the opinion, but here are my initial takes:

• Stephen Miller’s terrific point that only 1 judge out of 677 district court judges could halt the policy of the President has been vindicated. In effect, President Trump would have to get unanimous consent among 677 judges to act because just one could issue an order requiring him to stop. It’s no longer 677 to 1.

• The opinion hammers Justice Jackson: “JUSTICE JACKSON decries an imperial Executive while embracing an imperial Judiciary.” Ouch. That is the issue isn’t it? Which branch of government has authority on deciding what the law is. Under the Constitutional order, the Executive has a co-equal authority to interpret the Constitution. The judiciary does not have a Trump card (pun intended).

• The opinion was authored by Justice Barrett. Of course—that is the politician in Justice Roberts—assigning her to author this momentous opinion to rebuild her reputation that has been tanking with conservatives. I’m not buying it; but I like the opinion.

• Hats off to Mike Davis, a former Supreme Court clerk (Gorsuch), who excoriated the Supreme Court (including Gorsuch) for allowing district court judges to act like Generals supplanting President Trump’s authority over the Executive Branch. Mike argued that public sentiment would sway the Court because Chief Judge Roberts is very political (too political). It worked.

• I cannot wait to read Justice Thomas’ concurrence. He is by far our best Supreme Court Justice.

• I am somewhat torn. Remember having to wear masks on airplanes? Remember how happy we were when that ended? What ended it? A nationwide injunction by a federal district court judge in Florida. Be careful what you ask for. Maybe there is an out in this case, or another way to attack the problem of tyranny from the Executive Branch. For now I am enthusiastic with this ruling.