Latest    News/CommentaryFeatured

Here is the BEST breakdown on why these inappropriate judges must be stopped NOW

Simple facts set the record straight on universal injunctions as one Justice Department nominee spoke to the “inappropriate” actions taken by activist judges “all the time.”

Whether hopeful for minor victories or merely obstructing for obstruction’s sake, numerous legal challenges that have been brought in the first weeks of President Donald Trump’s second administration appear destined for the Supreme Court. As U.S. District Judge James Boasberg’s injunction on deporting alleged Venezuelan gang members stood out among the most egregious examples, acting Assistant Attorney General Brett Shumate contended, “It shouldn’t be possible.”

“How can a federal judge issue an order that affects everybody else other than those in front of him or her? How is that possible?” begged the question from Louisiana Sen. John Kennedy (R) during Shumate’s nomination hearing before the Senate Judiciary Committee Wednesday.

“It shouldn’t be possible, senator. But, district courts do it all the time,” came the assistant AG’s response as the lawmaker followed up, “I thought that if you wanted to effect parties who aren’t in court, you had to file a class action.”

“That’s correct,” said Shumate, who further contended, “The Department of Justice makes that argument all the time in our briefs. I think in many cases class actions would be inappropriate.”

During the back and forth, it was made clear that permission of such universal injunctions like the order issued by Boasberg encouraged forum and district shopping to bring challenges against decisions made by the executive branch that essentially nullified the power of the president.

As George Washington University law professor Jonathan Turley put it Monday during an appearance on “America Reports” with Fox News co-host Sandra Smith, “…from the perspective of a president, it’s like flying a jumbo jet and every passenger saying I want my turn. There’s one person on that plane who has the task of landing it.”

“Presidents have expressed frustration for years that they have to face this lilliputian attack from district courts. Each one of these national injunctions can stop the action of the federal government,” added the legal scholar.

In further probing of the matter, Kennedy went on to ask, “I read Article 3, which defines judicial power. Where does it mention universal injunction?”

“It does not,” noted Shumate as the senator agreed, “So the Congress could act and say, ‘Federal judges, you render a decision to a plaintiff or a defendant, but you can’t impact people outside of your courtroom other than through a class action.’ That’s why God created class actions, isn’t it?”

Similarly, Turley has pointed out that Congress had been looking at a means to at least fast-track the appeals process wherein the federal government was essentially “frozen in amber” until a temporary restraining order became a signed preliminary injunction that could be appealed — a process that typically spans weeks.

Adding scope to the lawfare against Trump, Kennedy asserted only 27 universal injunctions had been issued throughout the entirety of the 20th century, where, by comparison, 86 were issued during the president’s first term in office and 30 had already been issued in the opening weeks of his second term.

“The universal injunction has become a weapon against the Trump administration, has it not?” asked the senator as Shumate agreed, “Yes.”

DONATE TO BIZPAC REVIEW

Please help us! If you are fed up with letting radical big tech execs, phony fact-checkers, tyrannical liberals and a lying mainstream media have unprecedented power over your news please consider making a donation to BPR to help us fight them. Now is the time. Truth has never been more critical!

Success! Thank you for donating. Please share BPR content to help combat the lies.

Kevin Haggerty
Latest posts by Kevin Haggerty (see all)

We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. If a comment is spam, instead of replying to it please click the ∨ icon below and to the right of that comment. Thank you for partnering with us to maintain fruitful conversation.



Source link

Related Posts

1 of 95