El Presidente Trumpo is seeking a decision from the SCOTUS that would significantly strengthen the balance of power from the legislative branch to the executive.
AKA, this means DOJ is going to start looking for potential injunctions to appeal https://t.co/krkV9G5o94
— Alayna Treene (@alaynatreene) May 8, 2019
Here’s what they’re seeking:
Vice President Pence on Wednesday announced that the administration will challenge the ability of federal district court judges to issue nationwide injunctions that halt policies advocated by President Trump.
The administration’s move — aimed at pushing back at unfavorable decisions from lower courts across the country — would set the stage for a vast legal debate and battle over the role that national injunctions play in the courts.
Pence argued to supporters at an event hosted by the conservative Federalist Society that the Trump administration has been “unfairly” targeted by injunctions issued by lower courts, saying the rulings have prevented officials from implementing policies and regulations.
The vice president said that in the coming days, administration officials will seek pathways to put the issue before the Supreme Court.
Clearly we have issues with judges creating and inventing law, which many decry as judicial activism. But I’m not sure strengthening the executive branch is the best solution to the problem.
According to conservative law-guy Gabriel Malor, Sessions was working on this, AND Justice Thomas has already signaled that he would support such a move:
AG Sessions was working on this, an effort that continued under AG Barr.
— Gabriel Malor (@gabrielmalor) May 8, 2019
Justice Thomas signaled that he would be receptive to this in his concurring op. in the travel ban case. https://t.co/lBF7qboNGd
Here’s what Pence said about it:
Declaring that nationwide injunctions by individual federal district judges "undermine the rule of law," @VP says "this era of judicial activism must come to an end." Tells @FedSoc that Administration will "seek opportunities" to challenge such injunctions to the Supreme Court. pic.twitter.com/CO6ivxohjm
— Mark Knoller (@markknoller) May 8, 2019
I’m gonna be honest and admit that I don’t know enough to weigh in on either side. I’ll see what people say and weigh the arguments for or against.