Supremes To Rogue Judges: “Heal Thyself”

US Supreme Court’s trifecta of pro-Trump agenda rulings doesn’t mean they are in the tank for No. 47 but do send a “reminder to federal trial judges they must respect ordinary judicial rules.” So, overreaching with national TROs on national security reforms are out?

It would seem so or the rogue Democratic judges chastising Trump will need to have Chief Justice Roberts visit them & pull their robes down. Not that the Justices themselves aren’t dealing with a House Divided. As the WSJ coverage noted, it was a 5-4 majority that handed Trump “a partial victory by allowing his Administration to continue deporting Venezuelans believed to be members of the Tren de Aragua gang under the Alien Enemies Act.” Notably, the Court’s ruling doesn’t go to the legal merits of that particular case, but shot down the use of “class-wide relief under the Administrative Procedure Act supposed conservative & ordered such challenges to be via the traditional Habeus Corpus grounds per individual. Also notable was supposedly conservative Justice Amy Coney Barrett siding with the three libs on the Court. (On Wednesday, federal judges in NY & Texas issued such temporary individual Habeus relief pending further hearings.) A majority of Justices also rebuked the Dem jurist by lifting an order requiring Team Trump to rehire 16K fired employees since the environmental groups & unions suing had no standing aka right to sue in the first place; rather, there were already procedures in place for fired employees to seek redress, albeit one by one. In this case, only 2 liberal Justices dissented.

Finally, a 5-4 majority reiterated the message by letting stand the DOE’s withholding of $65 million in teacher training grants since the APA’s sovereign immunity waiver provision they wanted enforced doesn’t include orders “to enforce a contractual obligation to pay money.” The remedy? The separate Federal Claims Court on a case-by-case basis. This time, Justices Barrett & Roberts swapped in dissenting. Bottom Line Lesson: “Trial Judges, Heal Thyself.”

Davd Soul