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In reply to the discussion: 🚨 By a 6-3 vote, the Supreme Court rules that universal injunctions likely exceed federal courts' authority [View all]Sympthsical
(10,729 posts)Because you think about courts like the 5th Circuit. This ruling will apply to them, too.
So the question is, will this reining in of lower courts be applied equally.
I'm of two minds on this. There is some attractive reasoning behind clamping down a bit on judge shopping. Don't like a policy? Go find a single sympathetic judge to apply nationwide injunction. That is a ridiculous amount of power to give to a lower court.
However, when you have cases like this which may affect tens of thousands of people, does the Court really want everyone filing their own separate lawsuits in separate courts all over the country in order to obtain relief from a potentially unconstitutional policy? Sure, I suppose you could go class action (and I believe Alito mentions this in a concurrence, that this could get real messy, real fast).
So it seems like the Court had half a thought here. They're tired of the judge shopping in search of universal injunctions that exceed judicial power, but it feels like they didn't really flesh out alternative paths satisfactorily.
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