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Started By
Message
re: Simple solution to judicial overreach and nationwide injunctions
Posted on 2/11/25 at 6:42 am to SquatchDawg
Posted on 2/11/25 at 6:42 am to SquatchDawg
quote:
I’m not an attorney, but it seems like district court should be barred from making decisions that affect activity outside of their district.
As someone who is proudly unschooled in ‘legal minutia’ - this is the sort of common sense idea that should be the underlying requirement for all ‘district’ courts.
Posted on 2/11/25 at 6:43 am to SquatchDawg
quote:
I’m not an attorney, but it seems like district court should be barred from making decisions that affect activity outside of their district.
That's what I said yesterday about the Rhode Island judge. If there is some group in Rhode Island that isn’t getting their grant or loan because of Trump‘s moratorium, then that Rhode Island judge should have jurisdiction strictly over that plaintiff.
He/she should not be allowed to issue a f*cking nationwide injunction affecting every jurisdiction in the country. This is a gross abuse of power. In a recent concurring opinion, Justice Thomas went into great detail about this abuse of power and how it shouldn’t be tolerated nor is it constitutional. Unfortunately, it wasn’t the issue presented in the case and the rest of the Court was not willing to address that issue.
Having said all of that, this is why the Democrats always forum shop to get the most corrupt and politicized judges to do take the most unconstitutional actions to achieve their political agenda.
So, again, there is no way the Democrat filth in Congress will ever agree to give the Supreme Court original jurisdiction over these matters.
This post was edited on 2/11/25 at 6:45 am
Posted on 2/11/25 at 6:44 am to SquatchDawg
quote:
but it seems like district court should be barred from making decisions that affect activity outside of their district.
Congress needs to figure this out but it will almost certainly happen at the district court level because they're the trial courts. Some of these injunction trials go on for days/weeks. An appellate court can't handle that and the judges aren't selected for that.
Posted on 2/11/25 at 6:44 am to SlowFlowPro
quote:
I didn't reference potential constitutional issues
Maybe don’t ONLY address things at face value?
You knew this is a federal-level issue. You’re either being intentionally disingenuous or you are not as educated in law as you think.
Posted on 2/11/25 at 6:45 am to beerJeep
quote:
So the court that already only hears like 80 cases out of like 10k a year to be even more overloaded?
Exactly
They ain't built for it
Posted on 2/11/25 at 6:46 am to MMauler
quote:
Having said all of that, this is why the Democrats always forum shop to get the most corrupt and politicized judges to do take the most unconstitutional actions to achieve their political agenda.
Yeah like when we get similar injunctions over DEM policy almost always out of Texas or some rural state.
No forum shopping there

Posted on 2/11/25 at 6:47 am to SlowFlowPro
Can’t be THAT hard to reschedule and prioritize matters regarding intentional infringement of the Constitution by elected officials.
Clearly more important than, say… gay cake rights.
Clearly more important than, say… gay cake rights.
Posted on 2/11/25 at 6:48 am to DByrd2
quote:
You knew this is a federal-level issue.
Nobody is arguing that state courts should hear these cases
quote:
You’re either being intentionally disingenuous or you are not as educated in law as you think.
No. You can add hom all you want because you don't understand the issues but that doesn't speak to my actual point.
Posted on 2/11/25 at 6:49 am to DByrd2
quote:
Can’t be THAT hard to reschedule and prioritize matters regarding intentional infringement of the Constitution by elected officials.
But it would. Adding even one of these cases to the USSC's docket to hear through trial would destroy the annual calendar.
There are what? 15-20 out there now over the past month?
Posted on 2/11/25 at 6:50 am to DByrd2
quote:
Can’t be THAT hard to reschedule and prioritize matters regarding intentional infringement of the Constitution by elected officials.
Have you met the government?
Tying your shoes turns into a 8 hour ordeal with no less than 3 arguments over loop, swoop, pull - bunny ears - or Velcro.
Posted on 2/11/25 at 6:56 am to udtiger
if this goes to the supreme court trump loses 6-3. the current make up of the supreme court is 6-3 UNIPARTY. the remedy for trump is impeachment and right now that is a practical impossibility. as jackson said “John Marshall has made his decision; now let him enforce it”. i don't care what some federal judge says from assgrape new hampsire any means of enforcement runs through the executive branch.
right now the UNIPARTY has been served a schit sandwich and their only option is to politely ask for the mayonnaise.
right now the UNIPARTY has been served a schit sandwich and their only option is to politely ask for the mayonnaise.
Posted on 2/11/25 at 6:57 am to SlowFlowPro
But it happens a lot more with Republican presidents – especially Trump.
Further, it’s only conservative justices that seem troubled by this - Gorsuch and Thomas to be exact.
Harvard Law Review piece

Further, it’s only conservative justices that seem troubled by this - Gorsuch and Thomas to be exact.
Harvard Law Review piece
This post was edited on 2/11/25 at 6:59 am
Posted on 2/11/25 at 7:02 am to MMauler
The reason why you're seeing such an increase is by making major policy changes via EO and not legislation and/or proper administrative policies.
Like this flurry of EOs from Trump, which is relative unprecedented in terms of its timing, scope, and the reversal of current legal norms (best example of the birthright citizenship EO which is illegal on its face and a prayer to get a case in front of the Supreme Court.).
Trump's whole schtick is to be norm-defiant, so of course his actions are going to receive more scrutiny.
And, to my point about forum shopping not being a Democrat policy and how much they love specific TX courts (and the 5th Circuit)

Like this flurry of EOs from Trump, which is relative unprecedented in terms of its timing, scope, and the reversal of current legal norms (best example of the birthright citizenship EO which is illegal on its face and a prayer to get a case in front of the Supreme Court.).
Trump's whole schtick is to be norm-defiant, so of course his actions are going to receive more scrutiny.
And, to my point about forum shopping not being a Democrat policy and how much they love specific TX courts (and the 5th Circuit)
quote:
Of the 12 nationwide injunctions issued in response to Obama Administration policies, 7 were issued by judges appointed by a Republican President. The 12 injunctions were issued by 8 district courts. Just over half were issued by district courts in Texas:

Posted on 2/11/25 at 7:11 am to SlowFlowPro
quote:
quote:
Article III, Section 2 (emphasis added)
I didn't reference potential constitutional issues
Can their courtroom even take live testimony?
If it doesn't now, it would.
Posted on 2/11/25 at 7:13 am to SlowFlowPro
quote:
But it would. Adding even one of these cases to the USSC's docket to hear through trial would destroy the annual calendar.
So your reasoning for not supporting the USSC prioritization of critical national interest cases regarding corruption in Congress and the agencies is that doing so would cause schedulers to actually earn their paycheck?
Give me a fricking break, dude. You’re helpless.
Posted on 2/11/25 at 7:14 am to udtiger
quote:
where injunctive relief/TRO is sought.
nationwide or local?
Posted on 2/11/25 at 7:15 am to SlowFlowPro
Nice try, but strictly based on the sheer numbers, the Democrats also lose. Only 8% of Biden‘s executive orders were subject to a nationwide injunction. On the other hand, during the first Trump administration over 29% of his executive orders were stopped via nationwide injunction.
Then you have the examples of states having nothing to do with the particular injunction requested. There was a Washington state judge that issued a nationwide injunction preventing Trump from building the border wall. That had nothing to f*cking do with the state of Washington. But the Democrats forum shopped and knew what a scumbag politicized piece of f*cking filth that judge (and most of the judges in Washington state) was.
When a Texas court issued a nationwide injunction against Biden‘s executive vote on drilling, at least that had something to do with Texas.
and, again, why isn’t that any Democrat or leftist Justice is even concerned about this. That's rhetorical – we know the answer.

Then you have the examples of states having nothing to do with the particular injunction requested. There was a Washington state judge that issued a nationwide injunction preventing Trump from building the border wall. That had nothing to f*cking do with the state of Washington. But the Democrats forum shopped and knew what a scumbag politicized piece of f*cking filth that judge (and most of the judges in Washington state) was.
When a Texas court issued a nationwide injunction against Biden‘s executive vote on drilling, at least that had something to do with Texas.
and, again, why isn’t that any Democrat or leftist Justice is even concerned about this. That's rhetorical – we know the answer.
Posted on 2/11/25 at 7:17 am to SquatchDawg
quote:
I’m not an attorney, but it seems like district court should be barred from making decisions that affect activity outside of their district. To have national ruling all districts need to agree or it needs to be referred to SCOTUS before taking affect.
This.
The supreme court slapped down the obama administration several times for trying to use the courts to get through legislation that is the job of congress. Unfortunately he then used ngos to sue the govt to get it done anyway.
However, if the USSC does not stop this mess......there really is no need for them, any of the 1770 federal judges can make a ruling for the country. I hope they realize this......
Posted on 2/11/25 at 7:19 am to SlowFlowPro
quote:
Trump's whole schtick is to be norm-defiant,
Still in him from his time as a Democrat.
Norm defiant has been a favorite tool of the left for decades.
Posted on 2/11/25 at 7:19 am to DByrd2
quote:
So your reasoning for not supporting the USSC prioritization of critical national interest cases regarding corruption in Congress

Wow
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