wingosmith.bsky.social
wingosmith.bsky.social
@wingosmith.bsky.social
But the solution to a weak legislature is not to hand more power from the judiciary to the executive, which is what this decision (and many others from this authoritarian-friendly Court) seems designed to do.
June 28, 2025 at 3:29 PM
I think many folks agreed that nationwide (rather than universal) injunctions were a problem in a society where the legislature is moribund. Essentially, we have two branches of government that are doing most of the work while the legislative branch is stuck.
June 28, 2025 at 3:29 PM
(4) Congress could fix the mess the Court created by amending the statute (while also limiting forum-shopping legal cases in Texas).
June 28, 2025 at 3:29 PM
(3) lower courts still have extra-territorial jurisdiction over the parties' conduct. So, hopefully this attempt to take away citizenship won't completely devolve into Dred Scott part 2.
June 28, 2025 at 3:29 PM
(2) there will be some very thorny lower court decisions on how to tailor relief to organizational and state standing, but individuals will likely only be eligible for narrow relief outside of class actions.
June 28, 2025 at 3:29 PM
Otherwise, it seems (1) the Court's focus on standing is part of its long-running campaign to limit who appears before it. The Court even left open the door to foreclose relief under Article III, an argument pushed by the administration (and not easily remedied by Congress).
June 28, 2025 at 3:29 PM
First, has someone already filed the class action for families and children that will be affected by the EO?
June 28, 2025 at 3:29 PM
@sifill.bsky.social Has anyone looked to see if the conservative majority's concern about the threat of universal injunctions was ever voiced in the cases where like-minded plaintiffs would run to Texas and the Fifth Circuit? I'd like to see the receipts.
June 28, 2025 at 3:07 PM
Well, I guess it's time y'all amend the Judiciary Act of 1789. Let's see the bill. Maybe this time, though, we modernize it to protect against forum shopping in Texas (and elsewhere).
June 28, 2025 at 3:05 PM