Department of Homeland Security v. New York: A Win for Commonsense

In what may come to be the most important decision out of Washington this week, the Supreme Court ruled that the DHS may enforce the ‘Public Charge’ rule to go into effect. That’s all well and good, but the important part is that Justice Gorsuch really blasted the practice of nationwide injunctions in his concurring opinion. Tyler O’Neil has more at PJ Media.

“Today the Court (rightly) grants a stay, allowing the government to pursue (for now) its policy everywhere save Illinois. But, in light of all that’s come before, it would be delusional to think that one stay today suffices to remedy the problem. The real problem here is the increasingly common practice of trial courts ordering relief that transcends the cases before them. Whether framed as injunctions of ‘nationwide,’ ‘universal,’ or ‘cosmic’ scope, these orders share the same basic flaw—they direct how the defendant must act toward persons who are not parties to the case,” Gorsuch wrote. […]

“Equitable remedies, like remedies in general, are meant to redress the injuries sustained by a particular plaintiff in a particular lawsuit. When a district court orders the government not to enforce a rule against the plaintiffs in the case before it, the court redresses the injury that gives rise to its jurisdiction in the first place. But when a court goes further than that, ordering the government to take (or not take) some action with respect to those who are strangers to the suit, it is hard to see how the court could still be acting in the judicial role of resolving cases and controversies. Injunctions like these thus raise serious questions about the scope of courts’ equitable powers under Article III,” he explained.

“It has become increasingly apparent that this Court must, at some point, confront these important objections to this increasingly widespread practice. As the brief and furious history of the regulation before us illustrates, the routine issuance of universal injunctions is patently unworkable, sowing chaos for litigants, the government, courts, and all those affected by these conflicting decisions,” he wrote.

These nationwide injunctions create confusion and “tend to force judges into making rushed, high-stakes, low-information decisions.”

“The rise of nationwide injunctions may just be a sign of our impatient times. But good judicial decisions are usually tempered by older virtues,” the Supreme Court justice insisted.

“There are currently more than 1,000 active and senior district court judges, sitting across 94 judicial districts, and subject to review in 12 regional courts of appeal. Because plaintiffs generally are not bound by adverse decisions in cases to which they were not a party, there is a nearly boundless opportunity to shop for a friendly forum to secure a win nationwide,” Gorsuch explained.

Worse, it is possible that plaintiffs can win “conflicting nationwide injunctions.”

“If a single successful challenge is enough to stay the challenged rule across the country, the government’s hope of implementing any new policy could face the long odds of a straight sweep, parlaying a 94- to-0 win in the district courts into a 12-to-0 victory in the courts of appeal. A single loss and the policy goes on ice— possibly for good, or just as possibly for some indeterminate period of time until another court jumps in to grant a stay,” he noted. “And all that can repeat, ad infinitum, until either one side gives up or this Court grants certiorari.”

And that is the crux of the problem. The executive can not exercise its governance because some US district court judge in some sh*thole district who is beholden to the other party issues a stay to whatever policy it is (and this could easily go either way) and then enjoins it on the entire country.

It’s a method to destroy the rule of law and transfer sovereignty to unelected judges. It is, I think, not only a tyrannical practice but prima facie a case of the judicial wildly overstepping its bounds. One way or another, it must be curtailed, and soon.

Justice Gorsuch is proving to be a stalwart conservative/originalist member of the court, I think.

President Trump Marches for Life

I wrote a fairly long article this morning for On the Pilgrim Road which will come up at 10 this morning central time, I hope you’ll pop over and read it.

I built it around the speech that President Trump gave at the March for Life last Friday, which moved me. I do want to share that speech here, as well.

It’s so nice to have a president who understands the value of every life, isn’t it?

Sunday Funnies, a Busy Week

A busy, and yet a pretty satisfying week.

And the high point of the week – The March for Life

Phrasing? One hopes so.

And of course… Audre will note that she is a brunette.

 

 

Impeachment and Davos

Senator Cruz pretty much summed up the impeachment effort yesterday when he said (on Twitter)

If you have the facts, you bang the facts.
If you have the law, you bang the law.
If you don’t have either, you bang the table.

Today, we’ve seen a whole lot of table banging. pic.twitter.com/ez6HZtvu7y

In a wide ranging (but mostly economic) speech on Tuesday, at Davos, in what Rush Limbaugh said was one of his finest speeches (I agree), President Trump summed up the first three years of his presidency. Well worth your time, and I note that the audience was doing a very good job of sitting on their hands. Tells you how right the President is. Enjoy

Stiff That Caught My Eye

Getty Images: Bettmann / U.S. Navy

Yesterday, on Martin Luther King Day, the US Navy announced that one of the new Ford class carriers (CVN), the most powerful ships in the world, will be named for Ship’s Cook Third Class Doris Miller, who won the Navy Cross (personally presented by ADM Nimitz) for his actions at Pearl Harbor and was KIA in 1943. From the Navy’s statement:

This will be the second ship named in honor of Miller, and the first aircraft carrier ever named for an African American. This will also be the first aircraft carrier to be named in honor of a Sailor for actions while serving in the enlisted ranks.…

On Dec. 7, 1941, Miller was collecting laundry on the battleship West Virginia (BB-48), when the attack from Japanese forces commenced. When the alarm for general quarters sounded he headed for his battle station, an anti-aircraft battery magazine, only to discover that torpedo damage had wrecked it. Miller was ordered to the ship’s bridge to aid the mortally wounded commanding officer, and subsequently manned a .50 caliber Browning anti-aircraft machine gun until he ran out of ammunition. Miller then helped move many other injured Sailors as the ship was ordered abandoned due to her own fires and flaming oil floating down from the destroyed Arizona (BB-33). West Virginia lost 150 of its 1,500 person crew.

Miller’s actions during the attack earned him a commendation from then Secretary of the Navy Frank Knox, and the Navy Cross, which was presented to him personally by Adm. Chester Nimitz, commander of the U.S. Pacific Fleet at the time.

More at the Daily Wire. Bravo Zulu, Navy!


This is interesting, and like the author, I see no reason to doubt it.

Earlier this week, Trump’s campaign manager Brad Parscale shared some statistics from Trump’s campaign rally in Wisconsin on Tuesday. They are absolutely staggering. According to Pascale, 57.9% of the 20,395 voters in attendance were either registered Democrats or Independents.

The results from a poll in Ohio were already impressive, with 43% of those present being Democrat/Independent, but the numbers out of Wisconsin are truly mindblowing.

As RedState’s Elizabeth Vaugh writes, “as a conservative, I am overjoyed at these numbers. I take them to mean that this group is looking for an alternative to the current field of candidates running for the Democratic presidential nomination.”

That is no reason to relax, of course. It’s still a long time to November.


Have you seen anything about this? Yeah, me neither. Amazing how well the media have managed not to cover this.

The Impeachment Handbook

Well, when I went to post this morning my internet was down, so this is late.

Audre sent me this yesterday. It’s from The Hoover Institution and like most things from them, it is excellent. And a thorough look see at the current situation. Enjoy.

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