The Trump administration is going to argue to the Supreme Court that they should not allow lower courts to issue injunctions that prevent agencies and others from violating the Constitution. This is a fundamental misunderstanding of how the courts operate and this will be laughed out of court very quickly.
Vice President Mike Pence said the Trump administration will ask the U.S. Supreme Court to prevent lower courts from imposing nationwide injunctions against the president’s policies.
Pence complained Wednesday in a speech to the conservative Federalist Society that federal district courts have imposed more nationwide injunctions against Trump than the first 40 presidents combined. On Tuesday, an appeals court lifted such an injunction against a Trump policy that allows U.S. immigration authorities to force some migrants seeking asylum to wait in Mexico while their cases are adjudicated.
“A Supreme Court justice has to convince four of his colleagues to uphold a nationwide injunction — but a single district court judge can issue one, effectively preventing the duly-elected president of the United States from fulfilling his constitutional duties,” Pence said in prepared remarks. “This judicial obstruction is unprecedented.”
The solutions to this are very simple: Appeal the ruling of the lower court and win the argument (and if you can’t, that should tell you something), or stop violating the Constitution as often as you do. Voila, “problem” solved. Imagine what happen if they win this argument, which is that they think injunctions can only apply to the actual parties in the case. Sure, the state government is engaging in unconstitutional conduct, but the ruling only applies to that state and those parties. You have to file and win your own lawsuit to stop them from doing the same thing to you. Absurd and unworkable.