SCOTUS Curbs Universal Injunctions, But Judicial Tyrants Will Exploit Loopholes
The ruling in Trump v. CASA was necessary, and good, but likely insufficient in the face of inferior court radicals
SCOTUS Ruling Against Universal Injunctions Didn’t Go Far Enough
The Supreme Court’s ruling in Trump v. CASA that universal injunctions “likely exceed the equitable authority” Congress has granted federal courts has been framed as a victory for a Trump administration stymied by an unprecedented barrage of them.
But the majority’s 6-3 opinion in favor of the administration’s challenge to universal injunctions — via its appeal of several such rulings in cases consolidated under CASA, whereby courts halted its executive order curtailing birthright citizenship — is far greater than a win for one president. It is a triumph for the rule of law and our republic over judicial tyranny.
But it comes with loopholes that Resistance 2.0 is already plotting to drive a truck through in its ongoing lawfare campaign.
I analyze the ruling and dissect its weaknesses — which the left is already working to exploit — in a new piece at The Federalist.