My prior understanding of the issue at hand is that the probable downside for limiting the nationwide application of some federal judge rulings is that the federal agencies have the resources to select a jurisdiction to enact rules that local judges have determined to be unconstitutional to one where local judges have not. Ex. if Feds can’t violate someone’s civil rights in New York, just move that someone to Florida where the Federal Agency can violate their civil rights.
Certainly there are scenarios in which federal judges being able to issue nationwide rulings is detrimental to left leaning causes as well (mifepristone bans), however without the supreme court first taking up the case of the constitutionality of birthright citizenship before making this current ruling on application of nationwide rulings, they’re just being a bunch of shit fuck cowards.
The forum shopping issue you’re describing is exactly the problem. Trump’s team can now basically pick and choose where to implement policies that have been ruled unconstitutional elsewhere. It creates this patchwork where your constitutional rights depend on geography, which is obviously fucked.
And you’re spot on about the cowardice. The Supreme Court absolutely should have ruled on the constitutional question first. That’s the actual substantive issue everyone cares about. Instead they took the cop out that gives Trump more power without having to make the hard call on whether his order is constitutional.
Honestly it looks like classic Roberts Court behaviour: make big changes to how government works while pretending you’re just doing technical legal housekeeping. They know damn well that ruling on birthright citizenship would be messy and politically explosive, so they found a way to help Trump without having to own the constitutional implications.
Your point about this cutting both ways (like with mifepristone) is important too, but the timing here makes it pretty clear what they’re really doing.
My prior understanding of the issue at hand is that the probable downside for limiting the nationwide application of some federal judge rulings is that the federal agencies have the resources to select a jurisdiction to enact rules that local judges have determined to be unconstitutional to one where local judges have not. Ex. if Feds can’t violate someone’s civil rights in New York, just move that someone to Florida where the Federal Agency can violate their civil rights.
Certainly there are scenarios in which federal judges being able to issue nationwide rulings is detrimental to left leaning causes as well (mifepristone bans), however without the supreme court first taking up the case of the constitutionality of birthright citizenship before making this current ruling on application of nationwide rulings, they’re just being a bunch of shit fuck cowards.
100% on both counts.
The forum shopping issue you’re describing is exactly the problem. Trump’s team can now basically pick and choose where to implement policies that have been ruled unconstitutional elsewhere. It creates this patchwork where your constitutional rights depend on geography, which is obviously fucked.
And you’re spot on about the cowardice. The Supreme Court absolutely should have ruled on the constitutional question first. That’s the actual substantive issue everyone cares about. Instead they took the cop out that gives Trump more power without having to make the hard call on whether his order is constitutional.
Honestly it looks like classic Roberts Court behaviour: make big changes to how government works while pretending you’re just doing technical legal housekeeping. They know damn well that ruling on birthright citizenship would be messy and politically explosive, so they found a way to help Trump without having to own the constitutional implications.
Your point about this cutting both ways (like with mifepristone) is important too, but the timing here makes it pretty clear what they’re really doing.