Many lower federal courts appear to have wrongfully usurped power to stop the Trump Administration from changing the policies of the Obama Administration. These nationwide injunctions demonstrate hostility not just to President Trump, but to the people who elected him for the express purpose of changing those policies. The Court had the opportunity today to restore a semblance of order to the lower courts, but choose to wait.
Although the court’s ruling was procedural only, the government’s petition and our amicus brief demonstrated that the injunction was based on a bogus rationale as to why the Trump Administration changed policy positions on DACA. And, it was based on the false notion that the judges alone make law and enforce the Constitution.
Moreover, the authority for any federal court to enter a nationwide injunction in a case of this type is non-existent. Although there is authority for the proposition that a federal court may enter a nationwide injunction in a certified class action, and a federal court is empowered to void regulations that are adopted by unelected bureaucrats in violation of the Administrative Procedure Act, which has nationwide effect, neither of these situations was present in the DACA case.
If the Supreme Court will not act decisively to bring these lower federal judges under control, it will be the responsibility of Congress to restrict their powers to override the results of a national President election.