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Home Front: Politix
AG Barr: Nationwide Injunctions Violate Separation Of Powers And Make District Court Judges Far Too Powerful
2019-05-23
[Hot Air] Attorney General Barr gave a speech to the American Law Institute Tuesday on the topic of nationwide injunctions. As Barr pointed out, nationwide injunctions have been used an unprecedented number of times during Trump’s administration. In fact, more national injunctions have been issued under Trump than during the entire 20th century.
Since President Trump took office, federal district courts have issued 37 nationwide injunctions against the Executive Branch. That’s more than one a month. By comparison, during President Obama’s first two years, district courts issued two nationwide injunctions against the Executive Branch, both of which were vacated by the Ninth Circuit. And according to the Department’s best estimates, courts issued only 27 nationwide injunctions­ in all of the 20th century.

Some say this proves that the Trump Administration is lawless. Not surprisingly, I disagree. And I would point out that the only case litigated on the merits in the Supreme Court‐the so-called "travel ban" challenge‐ended with President’s policy being upheld.

Barr went on to say that he wasn’t interested in arguing about specific policies. He wanted instead to argue that the use of such nationwide injunctions violated the separation of powers courts have traditionally observed:
Posted by:Besoeker

#6  Should have had this guy since day 1 instead of Sleepy Sessions.

I just worry there's not enough of Trump's term for him to finish what he starts.
Posted by: Herb McCoy   2019-05-23 15:40  

#5  this guy Barr is setting things straight
Posted by: 746   2019-05-23 14:28  

#4  phony kangaroo courts and political lynchings, and nationwide injunctions will come back to haunt them

Nope. The conservatives don't play that way, so the Donks will skate.... now if the Libertarians take power you'll see a lot of "balancing" ala R.A.Heinlein.
Posted by: Mercutio   2019-05-23 10:43  

#3  Do as the dims, ignore.
Posted by: Dale   2019-05-23 09:41  

#2  The Dems have to remember that all that they push so hard now such as impeachment, phony kangaroo courts and political lynchings, and nationawide injunctions will come back to haunt them. I don't see a good ending to this.
Posted by: JohnQC   2019-05-23 09:05  

#1  Agreed, District courts shouldn't have authority outside their district, but there needs to be a mechanism to immediately challenge onerous or un-Constitutional laws and executive decrees with a nation-wide impact such as, oh, let's say, President Kamala outlaws AR's.
Suggest they go directly to Supremes, who can refuse the challenge, or issue a nation-wide stay pending hearing or skip the stay if they think the question needs adjudication but don't think it'll carry the day.
Posted by: Mercutio   2019-05-23 08:38  

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