Congress can END the tyranny of the courts TOMORROWEven the Supreme Court agrees.Conservative Review, Mar 1, 2018, David Horowitz
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Here’s the problem in a nutshell: Leftist organizations can take any executive action and find a radical district judge within a liberal circuit to enjoin the entire practice nationwide and automatically win the appeal. They get to determine where to litigate any issue that is national in scope and will never take it to a circuit where they will lose. Thus, none of the good judges Trump is appointing in places like the Fifth and Eight Circuits will ever hear these cases. The Left wins every time, and there is never a circuit split, so the Supreme Court takes up appeals slowly, if ever. This is how we have the most extreme judges shutting down national policy and violating Supreme Court precedent and rarely being rebuked before their edicts do irreversible damage to our country. It also has the effect of swaying public opinion against a policy, because voters are treated to constant headlines of “Trump’s policy struck down,†or “Another Trump action ruled unconstitutional,†even though the Supreme Court justices would eventually overturn it if the case actually came before them.
Congress could simply clarify, in the Rules Enabling Act governing the administrative procedures of the courts, that the courts lack any power to issue nationwide injunctions beyond the individual plaintiff. Dave Brat’s bill does just that.
But if members of Congress were paying attention to the Supreme Court this week, particularly to Justice Thomas, they would see that their power over the courts is much more expansive than they think.
Read more:
https://www.conservativereview.com/articles/congress-can-end-tyranny-courts-tomorrow/
