Legal question

swinokur · Oct 4, 2018

I'm going to put this here and ask our esteemed legal eagles or someone with more legal knowledge to answer this as Federal Court decisions seem to affect us on a National level.

Why in some cases when a Federal District Court or Circuit Court of Appeals issues a ruling does it only affect the District or Circuit it's in but when a Federal District Court judge issues a ruling it can affect the entire country?

Specifically the Judge who held up the Trump deportation orders citing racism.

Thanks in advance for any enlightenment that can be provided

danb · Oct 4, 2018

The national injunction is extremely controversial. https://reason.com/volokh/2018/05/06/daca-and-the-danger-of-conflicting-injun

A lot of esteemed legal minds are pushing the Supreme Court to limit these types of orders to the actual harmed parties before them. Its gotten a little out of hand.

Eventually the Supreme Court will directly confront whether the federal courts have the constitutional and statutory authority to grant national injunctions. If the justices are faced with the mayhem of directly conflicting national injunctions from different district courts, it is hard to imagine a context in which the demise of the national injunction is more likely.

PowPow · Oct 4, 2018

I think the executive branch has been all too compliant with these district court injunctions. However, if they are not compliant, the media will create a feeding frenzy. It's all part of the plan: slow down Trump in any way possible and beat him silly in the media when he fights.

Legal question

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swinokur

In a State of Bliss

danb

dont be a dumbass

PowPow

Where's the beef?

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