President Trump Defeats Rogue Judges at Supreme Court
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President Donald Trump just secured a massive win at the U.S. Supreme Court against rogue district judges (agreeing with the ACLJ’s amicus brief). In a 6-3 decision authored by Justice Amy Coney Barrett, the high Court ruled in favor of President Trump, blocking district judges from stopping the Administration’s agenda.
The ACLJ celebrates this massive win that began when we started representing the state of West Virginia, partnering with West Virginia Attorney General J.B. McCuskey. The judicial rulings at issue were not orders issued by the Supreme Court Justices but edicts by a handful of district court judges across the country, indefinitely halting President Trump’s Executive actions through nationwide injunctions.
My dad, ACLJ Chief Counsel Jay Sekulow, weighed in on the Justices’ ruling that upheld Executive authority:
This is a big win for the Administration. It’s a big win for us. In fact, the argument that we put forward was used in large part by Justice Barrett in her majority opinion. . . . So you’ve got a situation where the President’s Executive actions and other actions were being challenged by citizens of various locales, and then the courts, instead of saying, Well, we’ll apply an injunction as to those people, they were doing it for the entire country. And there’s no precedent in our history, and this is what Justice Barrett pointed out – and we pointed out too. There’s no historical precedent for this action. Zero. None. . . .
Often, the Supreme Court decisions aren’t won during the oral argument. And that is why the ACLJ files amicus briefs for the Justices. The amicus briefs become integral to how they write their opinions.
The arguments that the ACLJ made about the federal judiciary, as well as some of the phraseology like the lake of “a historical pedigree” for these universal injunctions that was used in the opinion – came from our brief. That’s why submitting amicus briefs is so important as Justices issue their opinions on the law.
Going forward, district judges can still curtail the Trump Administration’s agenda for their districts – but not for the entire country. The tactic of judge shopping nationwide to stop a U.S. President’s agenda will cease.
Of course, the far Left is outraged, including Justice Ketanji Brown Jackson, who wrote an apocalyptic dissent: “Perhaps the degradation of our rule-of-law regime would happen anyway. But this Court’s complicity in the creation of a culture of disdain for lower courts, their rulings, and the law (as they interpret it) will surely hasten the downfall of our governing institutions, enabling our collective demise.” In other words, the country will collapse.
My dad brushed off Justice Brown’s extreme response: “First of all, it’s a procedural decision. And it’s a good procedural decision. It says courts [can’t issue universal injunctions]. That makes total sense. But to say this is the end of the rule of law, we know it is nonsense.” He also praised Barrett’s opinion, concluding that the ACLJ “is thrilled” with today’s outcome.
Our client, West Virginia Attorney General J.B. McCuskey, also joined our broadcast. He responded to the victory:
The Supreme Court held very sternly that these nationwide injunctions need to stop and that they are unconstitutional. They exceed the scope of what our district courts are allowed to do, and they are politicizing the courts in a way that is very dangerous, whether it’s a Republican or a Democrat doing it. And we are just tickled, and the best part about this is that much of the language used in the amicus that we co-drafted with you guys was relied upon by the Court, and they’re holding it. So we’re really happy about this one.
The impact of today’s ruling will be felt for generations to come. We celebrate this massive victory, as well as five other pivotal wins at the Supreme Court this week. That’s right: The ACLJ is 6-0 in the past couple weeks on Supreme Court rulings.
Today’s Sekulow broadcast included a full analysis of the U.S. Supreme Court agreeing with the arguments in the ACLJ’s amicus brief to stop the epidemic of nationwide injunctions by rogue judges. We also told you about a new fight to defend pro-life advocates on behalf of our longtime ally, Rev. Pat Mahoney.
Watch the full broadcast below: