Author Topic: Alan Dershowitz Says Supreme Court Missed Key Question In Nationwide Injunction Case  (Read 74 times)

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Offline rangerrebew

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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.

https://www.msn.com/en-us/news/opinion/alan-dershowitz-says-supreme-court-missed-key-question-in-nationwide-injunction-case/ar-AA1EYkP9?ocid=msedgdhp&pc=HCTS&cvid=64fa996a24374a158e56487b57dc5b91&ei=93
The unity of government which constitutes you one people is also now dear to you. It is justly so, for it is a main pillar in the edifice of your real independence, the support of your tranquility at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize. But as it is easy to foresee that, from different causes and from different quarters, much pains will be taken, many artifices employed to weaken in your minds the conviction of this truth.  George Washington - Farewell Address