President Trump Executive Order Case at Supreme Court

The ACLJ just filed a critical amicus brief at the U.S. Supreme Court in a major case that could stop far-Left activist judges from issuing nationwide injunctions against President Donald Trump’s Executive orders. We filed this brief on behalf of the state of West Virginia, partnering with West Virginia Attorney General J.B. McCuskey.

In this case, we are representing every citizen of the state of West Virginia. It’s not an honor that the ACLJ takes lightly, and we also know that we represent all our ACLJ Members and Champions who support us monthly.

And just how out of control are these nationwide injunctions? Here’s a wild stat for you: Trump has been a sitting U.S. President for a total of four years and 100 days between the two terms. And 67% of all injunctions in U.S. history have been filed against his Administration.

So it’s time to stop this abuse of the judicial system by rogue judges. The ACLJ has already filed seven briefs in five federal courts to fight back, and now we are heading to the U.S. Supreme Court.

The issue boils down to this question: How much authority does a district judge have? According to U.S. law, district judges are limited to the jurisdiction of their particular court. So district judges who are issuing injunctions that affect the entire nation are overstepping their authority. The ACLJ’s amicus brief at the Supreme Court is the first foray into preventing these unlawful injunctions.

Regarding our amicus brief, injunctions in Maryland, Washington, and Massachusetts are all affecting how the federal government can carry out its job in West Virginia. So the ACLJ partnered with the state of West Virginia to explain why the Supreme Court should take this opportunity to tell district court judges to respect the limits of their jurisdiction and the Constitution’s judicial power.

West Virginia Attorney General J.B. McCuskey joined our broadcast to elaborate further:

District courts are set up under our Constitution to resolve issues and controversies that are in front of them. And what they’re now doing is resolving constitutional issues where there isn’t an actual plaintiff. They are resolving questions that are not designed for their courts to be resolving, and it has really dangerous precedent-setting. . . . And to be fair, I don’t want Republican judges doing this when there’s a Democrat President either, right? The system works beautifully, and it works in the way that our framers set it up.

Judges were never meant to be policymakers. Their job is to enforce the law as written. Unfortunately, if we don’t win at the Supreme Court, we run the risk of hundreds of judges nationwide unconstitutionally creating policies that suit their political ideologies.

Judges who don’t like the current President can’t override Executive actions. That’s not how the Founding Fathers set up our judicial system. We have the U.S. Supreme Court and appeals courts for that very reason. We should strive to be a country that doesn’t have to label a district judge by which U.S. President appointed them but by how they uphold the law.

The Supreme Court has expedited review in this case with oral argument set for May 15. We will continue to keep you updated as this critical case proceeds. How the Supreme Court handles the issue of these nationwide injunctions will impact a host of other cases in which we are involved.

Finally, our Life & Liberty Drive Deadline is at midnight. We’ve never been busier as our legal efforts to defend life and liberty are stretched thin. We’re short of our goal, and we urgently need your support. Gifts are doubled today.

Today’s Sekulow broadcast included a full analysis of the major new amicus brief that the ACLJ filed at the U.S. Supreme Court on behalf of West Virginia. Also, ACLJ Senior Counsel for International and Government Affairs Jeff Ballabon reacted to Yale University’s crackdown on antisemitic protests, and ACLJ Senior Advisor for National Security and Foreign Policy Ric Grenell analyzed Trump’s first 100 days in office.

Watch the full broadcast below: