This story was originally published by the WND News Center.
The Supreme Court has delivered a stunning blow to the activist judges at the district court level in the federal court system, those judges who sit at the entry level to the federal system: They likely have been exceeding the authority granted to them by Congress.
The fight is over literally dozens of universal injunctions, or nationwide injunctions, that have been delivered against the Trump administration by trial court judges who have positioned themselves to take over and make decisions for the executive branch.
The topics covered by those injunctions in just the first few months of President Donald Trump's second term include deportations, citizenship, budget cutting and many more.
The Supreme Court, considering the demands by the district judges to exceed their own authority, said, "Universal injunctions likely exceed the equitable authority that Congress has given to federal courts. The court grants the government's applications for a partial stay of the injunctions entered below, but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue."
Justice Amy Coney Barrett delivered the majority opinion of the court's 6-3 ruling.
Justices Roberts, Thomas, Alito, Gorsuch and Kavanaugh joined, and the leftists on the court collaborated on a dissent written by Sonia Sotomayor. Joining her were Justices Kagan and Jackson, the legal scholar who during her Senate confirmation hearings was incapable of defining "woman."
The ruling said, "The issue raised by these applications—whether Congress has granted federal courts authority to universally enjoin the enforcement of an executive order—plainly warrants this court's review. On multiple occasions, and across administrations, the Solicitor General has asked the court to consider the propriety of this expansive remedy."
Now, with Trump in his second term, those injunctions have "increased."
And with that has the importance of the issue.
"The government is likely to succeed on the merits of its claim that the district courts lacked authority to issue universal injunctions," the ruling said. "The issuance of a universal injunction can be justified only as an exercise of equitable authority, yet Congress has granted federal courts no such power. The Judiciary Act of 1789 endowed federal courts with jurisdiction over 'all suits . . . in equity,' and still today, this statute 'is what authorizes the federal courts to issue equitable remedies.'
"This court has held that the statutory grant encompasses only those sorts of equitable remedies 'traditionally accorded by courts of equity' at our country's inception."
The wild orders by district judges – one demanded that the president turn jets already out of American airspace that were deporting illegal alien criminals around mid-flight – oblivious to the question of whether they would have enough fuel to return to their origination points – are simply "not sufficiently 'analogous' to any relief available in the court of equity in England at the time of the founding," the ruling said.
President Trump had appealed three lower court rulings preventing the executive order ending birthright citizenship for children of illegal aliens or migrants on temporary visas from taking effect.
The ruling focuses on the injunctions rather than the birthright citizenship issue because the administration asked the justices in Trump v. CASA to consider limiting the scope of nationwide injunctions that block policies across the entire country.
During oral arguments, Solicitor General John Saur highlighted the dozens of injunctions lower court judges have issued blocking executive policies since January.
The ruling is expected to hit hard at the leftist and anti-Trump agenda of activists judges, and affect a multiple of cases and fights now pending. And it will hit multiple issues. Recent reports confirmed that leftist activists at the state level were scheming to fight Trump in court even before he was elected.
The decision delivered partial stays to the injunctions at issue.
