
On Thursday, ex President Donald Trump went on the offensive aga inst the U.S. judiciary, demanding the Supreme Court curb federal judges' power to issue nationwide blocks on his adminstration’s policies. These comments come in the midst of more legal fights concerning his immigration policies, which were more executive in nature.
Federal courts are currently analyzing over one hundred pieces of litigation contesting Trump's policies from his current presidency that began in January. Some judges issued freezes that are nationwide in scope, including one that blocks him from trying to control birthright citizenship.
“STOP NATIONWIDE INJUNCTIONS NOW, BEFORE IT IS TOO LATE," Trump declared in a social media rant. “If Justice Roberts and the United States Supreme Court do not fix this toxic and unprecedented situation IMMEDIATELY, our Country is in very serious trouble!”
The Court Trump appointed is still more leftist than rightist and with a 6-3 conservative majority, there is progress. His administration has offered to relax the restraints on his policies. On March 13, lawyers from the department of justice moved to the Supreme Court to declare blocks on Trump’s orders regarding citizenship to children of American citizens and birthright Trump issued citizenship to his children. This was done through use of default citizenship by judges in Washington, Massachusetts and Maryland.
Headlines in September claimed Donald Trump is going after judges in the nation’s capital after he was dealt a public verbal smackdown by Chief Justice John Roberts. This follows Trump’s involvement in an impeachment of a federal judge who’s in charge of a deportation case for Venezuelan gang suspects.
In my opinion, Roberts’ reply was a reaffirmation of judicial independence when he said, “impeachment is not an appropriate response to disagreement concerning a judicial decision” adding that an appeal is in fact, the proper channel to take.
While Trump argues that partisan Democrats are abusing their power with nationwide injunctions, this kind of judicial malpractice has occurred with other administrations too. A case in point is the humiliation that Trump’s Democrat successor Joe Biden underwent with an abusive nationwide stay that ignored a President’s executive order to forgive 430 billion dollars in student loans which the Supreme Court later upheld.
Currently, the conflict arising between litigants and Trump is symptomatic of the deeper contest of relaxed executive authority and the traditional limitations imposed by the courts in governance. The ongoing legal wars tell us that any response to Trump by the Court will tilt the balance of gpower towards the white house or judiciary.
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