Alan Dershowitz Says Supreme Court Missed Key Question In Nationwide Injunction Case
Opinion by Danielle Shockey • 14h
Harvard Law Professor Alan Dershowitz asserted on Newsmax Thursday that the Supreme Court overlooked a crucial dilemma during its hearing on nationwide injunctions. Speaking on "The Record with Greta Van Susteren," Dershowitz contended that the justices "failed to ask the hardest question" regarding conflicting rulings from different district judges on the same executive action.
The Supreme Court heard arguments on Thursday concerning the increasingly common practice of district judges issuing universal injunctions, a tactic frequently employed by left-leaning plaintiffs to block the executive actions of the Trump administration.
Dershowitz highlighted the problematic scenario that arises when one district judge deems an executive order unconstitutional and issues an injunction, while another judge in a different state upholds its legality. "They really didn’t address that question, because that’s what really will happen," Dershowitz stated.
Addressing the specific case before the Court, Dershowitz noted that all four lower court judges had ruled the executive action unconstitutional. However, he dismissed this consistency as a result of strategic judge selection by the plaintiffs. "In this case, all four judges ruled that it was unconstitutional. That’s because, of course, the plaintiffs’ judge shopped and went to judges who they thought would give them favorable rulings," he explained.
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