Curiously, this same Supreme Court never thought to say all the injunctions it upheld and stays it granted against Biden administration actions were outside its power. But now apparently they are 2/3 - ThreadSky

marklemley.bsky.social • 1 day ago

Curiously, this same Supreme Court never thought to say all the injunctions it upheld and stays it granted against Biden administration actions were outside its power. But now apparently they are

2/3

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barfsville.bsky.social•1 day ago

Sincere question: did Biden-era SCOTUS rule against an appellant seeking the same relief as was granted here?

marklemley.bsky.social•1 day ago

They never directly ruled on the legality of nationwide injunctions. But they upheld many nationwide injunctions of the kind they now say have always been illegal

sweetrhesus.bsky.social•1 day ago

I wish their was a court of hypocrisy. That'd be the only justice

marklemley.bsky.social•1 day ago

But on the bright side, all those injunctions the courts granted against Biden administration orders now apply only to the parties who filed suit. So those rules are presumably now back in force. For instance, the FTC's nationwide ban on noncompetes should now be in effect for everyone except Ryan

brooklynkid53bskys.bsky.social•1 day ago

Is this actually true ?

doesn't someone have to go and file a brief with the judge that granted the original injunction

why do you law profs always do hot takes that seem not to bde clear to normies

marklemley.bsky.social•1 day ago

The particular individual who got an injunction will benefit from it. What this decision holds is that even though that injunction was based on the facial unconstitutionality of the law, nobody else gets to benefit from it. They all have to file their own suits and get their own injunctions

heidijon.bsky.social•1 day ago

Is there ANY hope of that? (I’ll take anything!)

mpaersen.bsky.social•1 day ago

No court is coming to save us. No politicians.

It's time to figure out who we are, pick sides, and patiently build organization that can take power away from DHS raid squads and put it in the hands of people of conscience.

Every delay saves lives. Every extra person responding slows the onslaught

mpaersen.bsky.social•1 day ago

These neighbors nearly stopped this abduction. 100 more people could have locked the block indefinitely. This costs DHS and gives us hope.

YOU can stop this. YOU are responsible. But not alone.

Get organized. Make a plan. #StopTheAbductions

https://www.youtube.com/watch?v=kl6hNG6G8ZA

marklemley.bsky.social•1 day ago

Kavanaugh's concurrence says "don't worry, we'll just use the shadow docket a lot." Which would have its own set of problems if true. But it reflects a fundamental misunderstanding of the process. The Trump administration is never going to appeal these injunctions.

marklemley.bsky.social•1 day ago

They will just continue violating the law in other cases. Indeed, that's exactly what they did in this case. And since they don't appeal their losses, the Court will never even have the opportunity to rule on the legality of blatantly unconstitutional things like ending birthright citizenship.

marklemley.bsky.social•1 day ago

To be clear, I think there are problems with nationwide injunctions, particularly when coupled with the abusive forum shopping we saw in the Biden Administration. But the solutions are things like three-judge courts, automatic appeals of any decision striking down an act of government, an the like.

marklemley.bsky.social•1 day ago

The idea that eventually enough US citizens will be sent to South Sudan that they might be able to form a class action to challenge their removal years later isn't going to protect anyone's rights as a practical matter

phat-hobbit.bsky.social•1 day ago

I didn't think the 51st state would be South Sudan colonized by US Citizen prisnors. This sounds like a thing the British Empire would do...oh wait.

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