{"id":59464,"date":"2025-05-18T15:10:52","date_gmt":"2025-05-18T19:10:52","guid":{"rendered":"https:\/\/www.rightwinggranny.com\/?p=59464"},"modified":"2025-05-18T15:10:52","modified_gmt":"2025-05-18T19:10:52","slug":"asking-the-right-question-2","status":"publish","type":"post","link":"https:\/\/www.rightwinggranny.com\/?p=59464","title":{"rendered":"Asking The Right Question"},"content":{"rendered":"

One of the cases before the Supreme Court this week dealt with whether or not district judges have the authority to make rulings that impact the entire nations. On Thursday, The Federalist<\/a> posted an article about a question asked by Justice Thomas.<\/p>\n

The article reports:<\/p>\n

In Thursday\u2019s hearing, Thomas asked Sauer (U.S. Solicitor General John Sauer) \u2014 who represented the Trump administration \u2014 about the history of nationwide injunctions and when courts first started issuing such orders. The solicitor general answered by citing<\/a> Thomas\u2019 concurring opinion in Trump v. Hawaii<\/a><\/em>, a 2018 case that resulted in<\/a> SCOTUS reversing \u201ca lower court\u2019s decision to uphold a nationwide injunction on Trump\u2019s travel ban,\u201d according to The Federalist\u2019s John Daniel Davidson.<\/strong><\/p>\n

In his concurrence in that case, Thomas noted<\/a> how nationwide injunctions by lower courts \u201cdid not emerge until a century and a half after the founding.\u201d He further observed that these injunctions \u201cappear to be inconsistent with longstanding limits on equitable relief and the power of Article III courts.\u201d<\/strong><\/p>\n

\u201cThese injunctions are beginning to take a toll on the federal court system \u2014 preventing legal questions from percolating through the federal courts, encouraging forum shopping, and making every case a national emergency for the courts and for the Executive Branch,\u201d Thomas wrote.<\/strong><\/p>\n

In his response to Thomas, Sauer highlighted<\/a> several examples of universal injunctions that he said began emerging in the early 1960s.<\/strong><\/p>\n

\u201cSo we survived until the 1960s without universal injunctions?\u201d asked Thomas, to which Sauer replied, \u201cThat\u2019s exactly correct.\u201d<\/strong><\/p>\n

Sauer added, \u201cIn fact, those [injunctions] are very limited and very rare even in the 1960s. It really exploded in 2007 in our cert petition in Summers v. Earth Island Institute<\/a><\/em>, we pointed out that the Ninth Circuit had started doing this in a whole bunch of cases involving environmental claims.\u201d<\/strong><\/p>\n

The article concludes:<\/p>\n

During one exchange<\/a> with Associate Justice Sonia Sotomayor, Sauer attempted to answer the Obama appointee\u2019s inquiries regarding executive compliance with injunctions handed down by the judiciary. Instead of permitting Sauer to address her concerns, Sotomayor cut off the solicitor general, prompting Chief Justice John Roberts to interject and subtly suggest that the associate justice allow Sauer to answer.<\/strong><\/p>\n

\u201cCan I hear the rest of his answer?\u201d Roberts asked.<\/strong><\/p>\n

A decision in the case is not expected until the final weeks of the Supreme Court\u2019s current term, which will end in late June-early July.<\/strong><\/p>\n

Nationwide injunctions are simply the latest tool in the effort to prevent President Trump from implementing his agenda. President Trump was elected. He needs to be allowed to run the country.<\/p>\n","protected":false},"excerpt":{"rendered":"

One of the cases before the Supreme Court this week dealt with whether or not district judges have the authority to make rulings that impact the entire nations. On Thursday, The Federalist posted an article about a question asked by … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[18044,12652,17933,11815,18043],"class_list":["post-59464","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-associate-justice-sonia-sotomayor","tag-justice-thomas","tag-nationwide-injuctions","tag-the-federalist","tag-u-s-solicitor-general-john-sauer"],"_links":{"self":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/59464","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=59464"}],"version-history":[{"count":1,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/59464\/revisions"}],"predecessor-version":[{"id":59465,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/59464\/revisions\/59465"}],"wp:attachment":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59464"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59464"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59464"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}