BLUF: [American Thinker] It is highly questionable whether federal district courts can issue nationwide injunctions. It is called a federal district court because the court's authority is limited to a district. If it weren't, there would be no need for circuit courts, and we would never see different federal circuits having slightly different laws. One district court could simply impose whatever it likes on the nation. It doesn't work that way.
Judge Robart, who was appointed by George W. Bush (should we be surprised or not?), has clearly usurped his authority. The case clearly has no plaintiffs with standing or any kind of validity. At most, Judge Robart should have stayed his decision pending appeal to circuit courts. His radical injunction smacks of a judicial coup, of a single federal district judge asserting his authority over the entire executive branch. His arguments for doing so are unconstitutional, as is his manner of issuing the order. We are living in a time when judicial ayatollahs are usurping the power of our elected officials, and it is very much like a judicial coup.
Emphasis added. |