It’s the U.S. Supreme Court that makes constitutional rulings that impact every state. But some district judges are issuing rulings that effectively impact everyone in the United States. And it’s a development that the White House intends to fight.
Bloomberg reported Vice President Mike Pence said in a speech the administration will ask the Supreme Court to halt the practice.
Pence told the Federalist Society that district court judges, the lowest rung of the federal court system, have “imposed more nationwide injunctions against Trump than the first 40 presidents combined.”
The orders have affected issues such as tax funding for abortionists, allowing people from terror-sponsoring countries to enter the U.S. and allowing transgenders in the military.
The White House did see one recent victory. An appeals court quashed an injunction by a lower court judge against a White House policy of allowing U.S. immigration officers to have migrants seeking asylum wait in Mexico while their cases are heard.
Pence argued that 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.”
“This judicial obstruction is unprecedented,” he said.
The issue will be put to the Supreme Court justices when there is an opportunity.
Pence said the Supreme Court needs to “clarify that district judges can decide no more than the cases before them.”
The issue isn’t new. In a previous case, Justice Clarence Thomas expressed skepticism that federal district court judges have the power to decide issues for the entire nation.
Thomas wrote: “These injunctions are beginning to take a toll on the federal court system – preventing legal questions from percolating through the federal courts, encouraging forum shopping, and making every case a national emergency for the courts and for the executive branch.”
The American Center for Law and Justice noted two federal judges have issued nationwide injunctions blocking new federal regulations that would have defunded as much as $60 million in taxpayer funding from Planned Parenthood, the’ largest abortion business.”
The rules disallow the use of Title X tax money to ”perform, promote, refer for, or support abortion as a method of family planning.”
But a couple of “very liberal” judges in Oregon and California determined that that would not be allowed anywhere in the country.
“The judicial hubris is staggering,” ACLJ said.
One judge complained the rules would “inflict severe public health consequences” and another claimed the rules “recklessly disregard the health outcomes of women, families, and communities.”
“Yes, you read that right: the California and Oregon District Courts held that stripping taxpayer dollars from the abortion industry will create a public health crisis,” ACLJ said.
“These decisions are wholly unsupported by law and it is no wonder that Planned Parenthood and the pro-abortion states chose these leftist courts in which to file their lawsuits.”