As part of the appeal, Solicitor General Sarah Harris urged the justices to partially block preliminary injunctions, issued by federal district judges in Washington state, Maryland, and Massachusetts, that bar the government from implementing Trump's Inauguration Day executive order on birthright citizenship anywhere in the country.
Rather than asking the Supreme Court to uphold the president's executive order, the administration is requesting that court rulings in the three states be narrowed so that a judge's ruling in one state does not have the authority to overturn the executive order nationwide. In effect, that would stop activist District Court Judges from interfering with the executive branch actions other than in those cases in the districts to which they sit.
Harris urged the justices to "correct the district court's massive remedial foul.” Harris contended such nationwide injunctions "transgress constitutional limits on courts' powers" and "compromise the Executive Branch's ability to carry out its functions," according to SCOTUSBlog. "This Court," she wrote, "should declare that enough is enough before district courts' burgeoning reliance on universal injunctions becomes further entrenched."
In previous rulings, several justices, including Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh, have criticized nationwide or universal injunctions and urged their colleagues to weigh in on their legality.
At the very least, the Solicitor General wrote the federal government should be able to take "internal steps to implement" the executive order while the litigation continues, even if it cannot enforce it.
Good! It is about time this nonsense of running to activist judges are ruled Unconstitutional and are stopped in its tracks. In the two months since Trump was inaugurated, fifteen nationwide bans were implemented, while in four years of Biden, only fourteen were.
WE THE PEOPLE elected a President who is vested with the Constitutionally described Executive power, not judges.
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