Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
By Reason Magazine (Reporter)
Contributor profile | More stories
Story Views
Now:
Last hour:
Last 24 hours:
Total:

"The Clear Winner in Trump v. CASA: The Supreme Court"

% of readers think this story is Fact. Add your two cents.


Jack Goldsmith (Executive Functions) is always worth reading, and his article today on the universal injunctions especially so; an excerpt:

Supreme Court “Supremacy” Vis-a-Vis the Executive Branch

Charlie Savage maintained that Trump v. CASA “diminish[ed] judicial authority as a potential counterweight to exercises of presidential power.” Ruth Marcus made a similar claim in a piece entitled “The Supreme Court Sides With Trump Against the Judiciary.”

These propositions are true only of the lower federal courts. Trump v. CASA did not diminish the Supreme Court’s authority vis-a-vis the presidency. The Court held at least that lower courts lacked authority to issue universal injunctions. The Court was ambiguous about whether it could issue universal relief via injunctions. But it made clear in ways that it never has before that it expects executive branch compliance with its opinions and judgments on a universal basis.

Begin with the last sentence of the opinion. At oral argument, Sauer “concede[d] that the 30-day ramp-up period that the executive order itself calls for never started” and that “there should be a 30-day ramp-up period” for the administration to provide guidance. The Court in the last sentence stated: “Consistent with the Solicitor General’s representation, §2 of the Executive Order”—which implements the birthright citizenship ban—”shall not take effect until 30 days after the date of this opinion.” That sure sounds like a universal injunction! The Court never explains how Sauer’s concession got translated into a judicial command, presumably under the All Writs Act. The command is especially unusual since it is directed at a presidential order.

If this were a lower-court injunction and it were closer to January 20, the Trump administration might skirt the injunction by replacing (or amending) the executive order to allow a shorter ramp-up period. Or it might argue that the injunction applied only to the parties to the interim order application. But Sauer’s reputation and the Trump administration’s credibility before the Court are on the line. I expect the Trump administration to comply with this 30-day universal injunction. And if it doesn’t I expect a quick intervention by the Court.

But there was a much greater concession by Sauer at oral argument with much greater significance for relations between the Court and the executive branch. As I explained last month, Sauer pledged to five different Justices that the government would, as Sauer put it to Justice Barrett, “respect the opinions and the judgments of the Supreme Court.” When she asked whether he was “hedging at all with respect to the precedent of this Court,” Sauer said he was not. Sauer similarly told Justice Kagan that a Supreme Court decision on a matter “would be a nationwide precedent that the government would respect.” And he made analogous statements to other Justices….

Read the rest J”>here.

The post “The Clear Winner in Trump v. CASA: The Supreme Court” appeared first on Reason.com.


Source: https://reason.com/volokh/2025/06/29/the-clear-winner-in-trump-v-casa-the-supreme-court/


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world. Anyone can join. Anyone can contribute. Anyone can become informed about their world. "United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.


LION'S MANE PRODUCT


Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules


Mushrooms are having a moment. One fabulous fungus in particular, lion’s mane, may help improve memory, depression and anxiety symptoms. They are also an excellent source of nutrients that show promise as a therapy for dementia, and other neurodegenerative diseases. If you’re living with anxiety or depression, you may be curious about all the therapy options out there — including the natural ones.Our Lion’s Mane WHOLE MIND Nootropic Blend has been formulated to utilize the potency of Lion’s mane but also include the benefits of four other Highly Beneficial Mushrooms. Synergistically, they work together to Build your health through improving cognitive function and immunity regardless of your age. Our Nootropic not only improves your Cognitive Function and Activates your Immune System, but it benefits growth of Essential Gut Flora, further enhancing your Vitality.



Our Formula includes: Lion’s Mane Mushrooms which Increase Brain Power through nerve growth, lessen anxiety, reduce depression, and improve concentration. Its an excellent adaptogen, promotes sleep and improves immunity. Shiitake Mushrooms which Fight cancer cells and infectious disease, boost the immune system, promotes brain function, and serves as a source of B vitamins. Maitake Mushrooms which regulate blood sugar levels of diabetics, reduce hypertension and boosts the immune system. Reishi Mushrooms which Fight inflammation, liver disease, fatigue, tumor growth and cancer. They Improve skin disorders and soothes digestive problems, stomach ulcers and leaky gut syndrome. Chaga Mushrooms which have anti-aging effects, boost immune function, improve stamina and athletic performance, even act as a natural aphrodisiac, fighting diabetes and improving liver function. Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules Today. Be 100% Satisfied or Receive a Full Money Back Guarantee. Order Yours Today by Following This Link.


Report abuse

Comments

Your Comments
Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

MOST RECENT
Load more ...

SignUp

Login

Newsletter

Email this story
Email this story

If you really want to ban this commenter, please write down the reason:

If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.