Fights over the Supreme Court have turned into the nastiest battles in American politics.
Democrats wage total war on Trump nominees like Brett Kavanaugh because they live in fear of a conservative majority dismantling the Obama legacy.
But things are going to get a whole lot worse now that Clarence Thomas is about to announce one decision that took Donald Trump by surprise.
One way the left has frustrated Donald Trump’s “Make America Great Again” agenda is through district court judges issuing nationwide injunctions.
District court judges are the lowest rung of the federal judiciary and only have authority over their specific district.
But in the Trump era, left-wing local judges are taking on national policy making powers.
This has been going on since the first weeks of the Trump administration.
When the President signed his executive order instituting a travel ban on countries with known ties to terrorism, a lowly district court judge in Washington state overrode the President of the United States and blocked the order.
This scene played out time and time again, typically in cases where the left wanted to stop President Trump’s immigration initiatives that would have stemmed the tide of the illegal alien invasion at the Southern border.
The administration has finally had enough.
And in a speech before the conservative Federalist Society conference in Washington D.C., Vice President Mike Pence announced the administration would soon announce an appeal of a case designed to test the ability of district court judges to issue nationwide injunctions.
“The Supreme Court of the United States must clarify that district judges can decide no more than the cases before them — and it’s imperative that we restore the historic tradition that district judges do not set policy for the whole nation,” Vice President Pence declared.
“In the days ahead, our administration will seek opportunities to put this question before the Supreme Court — to ensure that decisions affecting every American are made either by those elected to represent the American people or by the highest court in the land,” the Vice President concluded.
The administration’s argument has a sympathetic ear in conservative Supreme Court Justice Clarence Thomas.
In a previous opinion, Thomas made it clear he was itching to rule on district court judges issuing nationwide injunctions.
“I am skeptical that district courts have the authority to enter universal injunctions,” Justice Thomas stated.
“These injunctions did not emerge until a century and a half after the founding. And they appear to be inconsistent with longstanding limits on equitable relief and the power of Article III courts. If their popularity continues, this Court must address their legality.”
Thomas got reinforcements these past two years in Justices Neil Gorsuch and Brett Kavanaugh.
The clock now appears to be ticking on district court judges assuming the role of national policy makers to block the Trump agenda.
We will keep you up to date on any new developments in this ongoing story.