'Unprecedented power': William Barr blasts federal judges over nationwide injunctions

[mystery-ak]

 By Jeff Mordock - The Washington Times - Tuesday, May 21, 2019

Attorney General William P. Barr on Tuesday railed against federal courts issuing nationwide injunctions blocking President Trump from implementing his policies, saying they wield “unprecedented power.”

In a speech before the American Law Institute, Mr. Barr said such injunctions block politicians of all stripes from enacting the voters’ will.

“One judge can, in effect, cancel the policy with the stroke of the pen,” he said. “No official in the United States government can exercise that kind of nationwide power, with the sole exception of the president. And the Constitution subjects him to nationwide election, among other constitutional checks, as a prerequisite to wielding that power.”

Mr. Barr pointed the finger squarely at the American Law Institute for contributing to the problem. He blamed a 2010 commentary it published saying individual cases are the same as aggregate litigation because in both cases the relief would apply to one or several individuals.

That’s wrong, Mr. Barr said, because it ignores prior legal precedent.

more
https://www.washingtontimes.com/news/2019/may/21/william-barr-rips-federal-judges-over-nationwide-i/

[austingirl]

What is the remedy?

[rustynail]

Barr is in trouble now. 
Here comes The Judge.

[XenaLee]

I hope Barr has sufficient security and/or body guards.  He's gonna need them now.  The Obama/Clinton shadow regime is a threat to anyone on the right these days and he is making himself
Target No. 2 (second only to Trump). 

[Bigun]

What is the remedy?

The remedy is to simply ignore these spurious rulings @austingirl.  The Constitution itself spells out the powers of SCOTUS and all lower courts have only such power as the Congress has granted them.  I cannot find the power to issue sweeping injunctions among those the Congress has granted.  Like so many others, this power is one the courts have chosen to confer upon themselves.

[austingirl]

The remedy is to simply ignore these spurious rulings @austingirl.  The Constitution itself spells out the powers of SCOTUS and all lower courts have only such power as the Congress has granted them.  I cannot find the power to issue sweeping injunctions among those the Congress has granted.  Like so many others, this power is one the courts have chosen to confer upon themselves.

Barr said there were 27 national injunctions in the past and 37 on Trump. The battle for our Republic is heating up. The democommies are coming at us hard.

[XenaLee]

The remedy is to simply ignore these spurious rulings @austingirl.  The Constitution itself spells out the powers of SCOTUS and all lower courts have only such power as the Congress has granted them.  I cannot find the power to issue sweeping injunctions among those the Congress has granted.  Like so many others, this power is one the courts have chosen to confer upon themselves.

Illegally, in fact... since, as you stated, they don't have the power per the US Constitution.  But since when has the idiot left cared about the rule of law.

[Bigun]

Barr said there were 27 national injunctions in the past and 37 on Trump. The battle for our Republic is heating up. The democommies are coming at us hard.

I told everyone here that draining the swamp was going to be much more difficult and painful than almost anyone imagined years ago and nothing has happened to change that opinion.

[aligncare]

I told everyone here that draining the swamp was going to be much more difficult and painful than almost anyone imagined years ago and nothing has happened to change that opinion.

True. But even some his harshest critics will have to admit that at the very least Donald Trump has made a dent. His getting elected president drew out the worst elements of the deep state. And now we will likely see indictments. People even outside of politics are gonna notice that crimes were committed, not just his supporters, but many independents and moderate democrats will have had their eyes opened maybe for the first time.

It’s gonna take a generation of Trumps to reverse course.

[Cyber Liberty]

I told everyone here that draining the swamp was going to be much more difficult and painful than almost anyone imagined years ago and nothing has happened to change that opinion.

Can't have been harder than I imagined because I thought's it was just impossible, they're too entrenched.  I still think it's impossible.

[dfwgator]

True. But even some his harshest critics will have to admit that at the very least Donald Trump has made a dent. His getting elected president drew out the worst elements of the deep state. And now we will likely see indictments. People even outside of politics are gonna notice that crimes were committed, not just his supporters, but many independents and moderate democrats will have had their eyes opened maybe for the first time.

It’s gonna take a generation of Trumps to reverse course.

Trump finally has a "Wartime Consigliere"

[edpc]

Whatever. Barr wrote an essay basically saying the government should dictate morality.


https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=2355&context=tcl

[Cyber Liberty]

Whatever. Barr wrote an essay basically saying the government should dictate morality.


https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=2355&context=tcl

TLTR.  Does it make mention of Barr's statement about "nationwide jurisdiction?"

[bilo]

What is the remedy?

We are going to have to either control the govt for a generation in order to appoint originalists to the bench and change the administrative state, or recognize that there are two distinct groups of people with different views of govt that can not be reconciled. I doubt we can achieve the former and if it is the latter we should find a peaceful way to go our separate ways.

[Cyber Liberty]

We are going to have to either control the govt for a generation in order to appoint originalists to the bench and change the administrative state, or recognize that there are two distinct groups of people with different views of govt that can not be reconciled. I doubt we can achieve the former and if it is the latter we should find a peaceful way to go our separate ways.

Now that tiny "judges" have discovered the power, and the cat's out of the bag, there will always be one willing to throw sand in gears.  Since lower courts are created by Congress and not SCOTUS, it will take an Act of Congress to rein them in.

[Hoodat]

What is the remedy?

United States Constitution - Article 3, Section 1.  Congress can establish (and/or disestablish) any federal court (other than SCOTUS) as they see fit.  The entire Ninth Circuit could be wiped out and rebuilt in a day.

[Cyber Liberty]

United States Constitution - Article 3, Section 1.  Congress can establish (and/or disestablish) any federal court (other than SCOTUS) as they see fit.  The entire Ninth Circuit could be wiped out and rebuilt in a day.

 

[edpc]

TLTR.  Does it make mention of Barr's statement about "nationwide jurisdiction?"

Well, since he’s discussing the role of federal government in morality, it’s implicit.

[bilo]

Now that tiny "judges" have discovered the power, and the cat's out of the bag, there will always be one willing to throw sand in gears.  Since lower courts are created by Congress and not SCOTUS, it will take an Act of Congress to rein them in.

And when will Congress find the strength to do that? 

We had control of the House, Senate, Executive and a majority of the appointments on the SCOTUS for 2 years. They sure didn't repeal obamacare. They didn't do anything on immigration. They didn't do anything about the courts. IOW, hoping we can fix this problem through the electoral process doesn't seem very likely. I think it's much more likely in another 100 hundred years there will be two countries where today there is one.

[Cyber Liberty]

Well, since he’s discussing the role of federal government in morality, it’s implicit.

Thanks for explaining.

[Cyber Liberty]

And when will Congress find the strength to do that? 

We had control of the House, Senate, Executive and a majority of the appointments on the SCOTUS for 2 years. They sure didn't repeal obamacare. They didn't do anything on immigration. They didn't do anything about the courts. IOW, hoping we can fix this problem through the electoral process doesn't seem very likely. I think it's much more likely in another 100 hundred years there will be two countries where today there is one.

I always figured it was because the Pubbies and the Rats are on the same side of the issue.