Justice Neil Gorsuch issued a concurring opinion about the threat nationwide injunctions present to separation of powers and the role of the courts under the Constitution.
Barr recounted numerous significant instances in which a coalition of primarily unelected bureaucrats have obstructed Trump’s use of presidential powers to an extent they never have for any other president.
So long as universal injunctions exist, plaintiffs will be able to impose their policy preferences on the entire country, if they find a willing judge.
We are seeing federal judges repeatedly issue nationwide injunctions halting government operations that the judges deem politically incorrect.
Even if Brett Kavanaugh turns out to be a tremendous originalist justice, the courts still represent a major threat to the republic.
‘Nationwide injunctions mean that each of the more than 600 federal district judges in the United States can freeze a law or regulation throughout the country — regardless of whether the other 599 disagree.’
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