Law of Self Defense

SCOTUS (Almost!) Kills Tyrannical Nationwide Injunctions!


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Yesterday, the US Supreme Court released its decision in Trump v. CASA. This case was nominally about the legal question of so-called birthright citizenship, in light of a Trump Executive Order “ending” this practice. (In fact, America did not have birthright citizenship even prior to Trump’s EO, and never has, but that’s a different show.)

In fact, the legal question here was not the issue of birth-right citizenship on the legal merits, but rather whether an unelected, black-robed, tyrannical, inferior federal district court judge had the authority to issue a NATIONWIDE INJUNCTION against Trump’s Executive Order, as opposed to any such injunction being limited to the actual parties before the court. 

FAIR WARNING: The majority DOES leave a YUGE vulnerability in this check on nationwide injunction, which I expect the insurrectionist judiciary to take full advantage of—more on that in a moment. 

Scores of unelected, black-robed, tyrannical, inferior federal district court judge have been issuing nationwide, even international-wide, injunctions against a broad spectrum of Trump policies, even (or especially) when those courts lacked even the basic jurisdiction to hear the dispute before it.

Today, that mostly ends, with the SCOTUS decision authored by Justice Amy Coney Barrett laying out exactly why these nationwide injunctions are an outrageous overreach of the federal judiciary, contrary to hundreds of years of well-established American law. 

Even better, in the process of explaining why this is so, Barrett absolutely NUKES the dissent from Justice Ketanji “DEI” Jackson on both legal and intellectual grounds. It’s a degree of in your face I don’t think I’ve ever before seen delivered by one justice to another—and rightly so. (By the way, I expect the deserved heat of this check of Ketanji goes a long way to explaining why Barrett, also a woman, was chosen to author the decision.)

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Law of Self DefenseBy Attorney Andrew F. Branca

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