September 11, 2019

Injunction Kicked to the Curb, A Mere "Paper Tigar"

Unsurprisingly, Judge Tigar availed himself of the discretion the 9th Circuit had seemed to leave him, to once again extend his "nationwide injunction" interfering with administration policy on asylum claims.  In certain media venues of limited relevance (nameless here), the decision was trumpeted, but, it was short-lived.  The 9th Circuit reacted with speed (as grudgingly acknowledged in the same, nameless venues), and then, so did the Supreme Court (as yet, largely unreported, and certainly not newsworthy at ABA Journal).

This is an important development, and not simply for this case.  During the present administration and the preceding administration, "nationwide" injunctions by U.S. District Courts have highlighted the need for judicial adults (in the guise of the higher courts) to step in and put an end to competing, usually politicized, efforts of various partisan U.S. District Judges trying to rule the world from their individual federal courtrooms.  This action by the Court is necessary from the perspective of restoring orderly, judicial supervision of lower courts quite frankly running amok.  The phenomenon needed to be taken in hand, and now, it has been.

https://www.msn.com/en-us/news/us/supreme-court-allows-trump-asylum-restrictions-to-take-effect/ar-AAH9vk4?li=BBnb7Kz#page=2

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