Chris Buskirk: Yes, David and Nancy French, A Christian Can Support Trump | Main | Jim Jordan: Democrats Are Trying to Destroy AG Barr In Order to Blow Up His Investigation Into Their Deep State Allies/Fellow Operatives
May 10, 2019

Pence: We Will Seek to End the Practice of District Judges Laying Down National Injunctions

It's a curious thing. When the Fifth Circuit, for example, makes new law, new precedent, it is not binding on other Circuits. Other circuits will look to how the Fifth Circuit ruled on the matter, should a similar case come before them, and they will view the Fifth Circuit's ruling with respect, but they do not consider it a controlling authority, just an informed opinion from a sister court.

It does not become binding on the nation as a whole until the Supreme Court endorses it as the controlling law.

You can, in fact, have "circuit splits," where some circuits apply one rule and others apply another. Sometimes the Supreme Court lets this situation persist for a while. Sometimes, a long while.

Even a district court in another circuit is free to ignore the law set down by another circuit courts. Circuit courts rank higher than district courts, but the circuit court of a different circuit has no authority over a district court of another circuit, and the district court may ignore that court's ruling and apply its own analysis and rule.

So why then do we have Hawaiian judges so eager to lay down flat injunctions which they claim to have power not only in their district, not only in their circuit, but in the nation as a whole?

Mike Pence and the White House are wondering about that.

One of the #resistance crowds favorite tools: using a district court to shut down a national policy. The #resistance seeks out an injunction against a disfavored policy by forum shopping for a liberal activist judge to intervene and immediately the entire nation is subject to the whims of a regional court.

Clever.

"The Supreme Court of the United States must clarify that district judges can decide no more than the cases before them -- and its imperative that we restore the historic tradition that district judges do not set policy for the whole nation," Pence told the Federalist Society.

"In the days ahead, our administration will seek opportunities to put this question before the Supreme Court-- to ensure that decisions affecting every American are made either by those elected to represent the American people or by the highest court in the land," Pence added.

Justice Thomas seems to agree with the administration's plan.

But you'll have to click over to AmGreatness' KBO for that quote.


digg this
posted by Ace of Spades at 02:08 PM

| Access Comments




Recent Comments
I used to have a different nic, member - Ashli Babbitt Society: "Nood. ..."

squid_hunt: "What's this about crossing a river? ---- I'll re ..."

Cannibal Bob - Serenity now!: "I even managed to learn a few things, too! Post ..."

illiniwek: "So my takeaway from this story is that we need Ame ..."

[/i][/b]andycanuck (UHVv4)[/s][/u]: "WaPo 'justice reporter' exposed here: Christina ..."

squid_hunt: "WOW. TJM must work out. Or consume a lot of soy. C ..."

ShainS -- State-Stamped Sluggish Schizophrenic [/b][/i][/s][/u]: "453 *rummages on blog* https://annapuna.blogspo ..."

Jordan61: "There is some quality spam in the comments section ..."

4 star tranny: "What's this about crossing a river? I'll read ..."

Mishdog: "Thanks CBD, I'm trying to keep it alive with a lit ..."

vmom - link to Red's fundraiser: "472 So what's the simple skinny, so simple a neko- ..."

TheJamesMadison, in the 30s with John Ford: "7 Badassery but no boobs. I give this 3 out of 5. ..."

Recent Entries
Search


Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64