Supreme Court Decisions Further Shield Trump from Legal Scrutiny
The Supreme Court’s ruling in *Trump v. Casa* establishes a significant limitation on the judiciary’s power to restrain the executive branch, specifically regarding universal injunctions. The majority opinion, led by Justice Barrett, argues that federal courts lack the authority to issue injunctions that apply beyond the immediate parties involved, creating a “gap” where the government can act unlawfully without judicial recourse. This decision, rooted in a narrow interpretation of the Judiciary Act of 1789, potentially invalidates numerous past injunctions and allows the government to sidestep constitutional challenges by focusing on procedural maneuvers rather than defending the legality of its actions. The author argues that this decision is a threat to the rule of law.
John Q. Hosedrinker