“Since President Trump took office, federal district courts have issued 37 nationwide injunctions against the executive branch — that’s more than one a month,” Barr said during a Tuesday evening speech to the American Law Institute.
“According to the [Justice] Department’s best estimates, courts issued only 27 nationwide injunctions in all of the 20th century,” he added, before bristling at the notion that the disparity is a function of the president’s “lawlessness.”
So let's go to the "way back machine" and go "way back" to the national legal debate over gay marriage that took place during the Obama administration. As you should recall, the lower courts were split on the issue. Judges disagree at the district level, and judges disagreed at the appeals court level. By the time that the USSC got the case in their docket half the country was being allowed to keep their laws or constitutional amendments in place regarding gay marriage, while the other half had been ordered by the courts to toss them aside.
This happened, because just a few short years ago, even an appeals court felt that there was geographical limits to their powers. They could only rule and issue orders to the States that fell within their particular jurisdiction. This was is how it is designed to work and is how it had aways worked. So that is why it was that states that fell under certain circuits had to abide by the rulings of their judges, while state that fell under other circuits had to abide by the rulings of other Judges.
Part of the job of the USSC was to consolidate national laws, where such a consolidation was felt necessary. It was widely held that if you wanted a national decision that was going to be followed by all fifty states, that you had to go to the USSC to get there. It wasn't that a nationwide injunction was unheard of, it's just that they were very rare, and most would involve situations where there was little choice.
But the bottom line is that we went from having one of these national injunctions approximately every four years, to now seeing them more than once a month. An increase of around forty fold.
These nationwide injunctions included (among others) the goofy Judge from San Francisco who suggested that the Department of Homeland Security and their 250,000 employees were wrong because he had read (and ultimately believed true) an opinion piece in the Washington Post. So on an area of National Security, this Judge imposed a nationwide injunction against the executive branch, because he personally felt he was better informed than the DHS to make a national security decision.
As pointed out by William Barr and others, these Judges are not elected. There is nothing within the constitution that requires that laws or EA be "approved" by the Judicial branch. There is also nothing in the constitution that technically provides a simple District Judge the forum to make National decisions. They are appointed to make district decisions within the districts that they represent.
The problem is that there may be no way to put the genie back into the bottle here. Newly appointed Judges will see nationwide injunctions as just part of the job. At least, that is, unless the higher courts start slapping them down as a matter of basic principle.
48 comments:
BILL BARR BELIEVS NATIONWIDE INJUNCTIONS ARE A PROBLEM
And Bill Barr believes trump is guiltless of obstruction! BWAAAAAAAAAAAAAAAAA!!!!!!!
He also believes the POTUS is above the law and is a god worth protecting!!
Southern District of NY has donnie's # I'm sure trump will disparage the ruling as another obama appointee trying to discredit the judicial branch of the govmt as being part of the deep state.....and the slurpers will continue to swallow,.....
y Renae Merle and
Felicia Sonmez May 22 at 4:38 PM
NEW YORK — A federal judge on Wednesday rejected a request by President Trump to block congressional subpoenas for his banking records, dealing the latest blow to the president in his bid to battle Democratic investigations into his personal finances.
The decision in the U.S. District Court for the Southern District of New York could clear the way for Deutsche Bank and Capital One to hand over the president’s financial records to Democrats in the House. Trump’s attorneys could appeal the decision.
Attorneys for Trump, his family and the Trump Organization filed for a preliminary injunction earlier this month as part of a lawsuit seeking to block the two institutions from handing over documents to the House Financial Services and Intelligence committees.
“There will be no way to unring the bell once the Banks give Congress the requested information,” William S. Consovoy, Patrick Strawbridge and Marc Mukasey wrote. “The Committees will have reviewed confidential documents that this Court may later determine were illegally subpoenaed.”
I wonder if Lil Scotty would side with the religious rights of individuals for avoiding vaccinations like he does with bakers who won't bake because their beliefs gays be damned???????
If Trump has his way, Scott will be defending cake bakers for more years than you might expect?
“We’re going to have a second [term], and then we’re going to have another one. We’ll drive them crazy. And maybe if we really like it a lot, and if things keep going like they are going, we’ll go and we’ll do what we have to do, and a three [terms] and a four, and a five.”
Nationwide injunctions are a problem. They give district court judge far more power than was envisioned by Congress or the founding fathers.
There are only two possible solutions. The Supreme Court make guidelines limiting the scope and the effect of any injunction.
Congress passes a law limiting the scope of these inferior judges.
Remember only the Supreme Court was created by the Constitution. The power the create inferior courts implying creating judicial rules for that court belong to Congress.
And if liberal don't think it's a good idea, wait until a Trump appointee orders a nationwide injunction.
Well here you go again.
A second federal judge has now rebuffed President Donald Trump's sweeping attempt to block House lawmakers from accessing his financial records, handing him another defeat in a fight that has infuriated the President and opened deep rifts with Democrats.
Judge Edgardo Ramos aka a beaner in New York on Wednesday refused to block subpoenas from the House of Representatives for Trump's financial records from Deutsche Bank and Capital One. It's the second such ruling against the President in three days.
So by your point of view that he can ignore this Court order, because it is from New York!
“We’re going to have a second [term], and then we’re going to have another one. We’ll drive them crazy.
Cool he's for repealing the 22nd amendment.
Nationwide injunctions are a problem
Only if you don't believe in the constitution.....
It's amazing how the fascist get exorcised over the fact that a religious man doesn't want to bake a cake in violation of his principles.
He has to be made to care or he must die.
It's getting worse. Barr is probably going to investigate the investigation. Welcome to Venezuela!
Attorney General Barr puts former intel bosses on notice.
The Hill
T
Things seem to be moving quickly now. It has been a remarkable few weeks in American history. Momentum is building toward uncovering the distasteful possibility that the targeting of a U.S. presidential campaign was actually a political operation, fostered at the highest levels of government, masquerading as an FBI counterintelligence investigation.
Attorney General William Barr has signaled that his interest in examining the origins of the investigation into the Trump campaign extends beyond whether the FBI operated "by the book," as former FBI Director James Comey asserts. Barr also wants to understand the role that the larger intelligence community, or IC, may have played in all of this.
Repeal the 22nd amendment and Obama will kick Trump's fat ass
Blogger anonymous said...
Nationwide injunctions are a problem
Only if you don't believe in the constitution.....
There is nothing in the Constitution about it shit for brains. '
These are judges usurping power not explicitly granted to them.
Maybe you should go back to rearranging your color wooden blocks.
There is nothing in the Constitution about it shit for brains. '
BWAAAAAAAAAAA!!!!!!!! Sure numb nutz.....The judicial branch is established in the constitution
Article III - The United States Constitution
constitutioncenter.org/interactive-constitution/articles/article-iii
Article III of the U.S. Constitution is devoted to the federal judicial branch. Thus, a first reminder is that this discussion is about the structure of the federal courts; states can independently create their own rules about their courts’ jurisdiction, judicial selection, and the scope of judicial power.
Thanx for playing asshole...
It's getting worse. Barr is probably going to investigate the investigation
Well that's what needs to happen because this investigation has every appearance of a banana republic coup.
It wasn't Barr who did this, It was Clapper, Comey, and Brennan with the blessing of Barack Obama.
You're deluding yourself if you think Obama can win. Eight years of his failure is enough for a lifetime.
Denny you may, you know actually read the Constitution instead of some half-ass opinion piece.
Article III Section 1:
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
There's no section that gives them to power to make their own rules and for certain any rules that Congress pass must be follow as long as it did not conflict with the Constitution.
Thanks for playing shit for brains. Go back to your blocks.
Menstra says that Obama should be indicted for collusion to bring down the President, as well as Clapper, Comey, and Brennan.
Welcome back Nazi Germany. Seig Heil Trump
Like you say if they have done nothing wrong they have nothing to worry about. Put the all privately under oath, including Obama.
Then unseal the 302's and FISA's.
And bring more popcorn.
Oh and are you still standing with Avenatti like you did for so long?
Amazing he hasn't announced his Democrat candicacy for president yet. Was the most interviewed source on CNN and MSNBC last year and well propped up by the MSM.
Says a lot.
"It was Clapper, Comey, and Brennan with the blessing of Barack Obama."
Yep.
Run Mooochelle
There's no section that gives them to power to make their own rules
Hey dumb fucking asshole....there is no words either that says they can't!!!!! The are mandated by the constitution to be arbiters of the Law which requires people to interpret the law.....you don't like that....so just eliminate that problem and eliminate the judiciary so you and the fucking liar in chief can do whatever they want....Yeah....you really are a moron.....BWEAAAAAAAAAA!!!!~!!
I still wish Dr Carson had said, “I loved Oreo Speedwagon, until Hi Infidelity”.
I did
https://youtu.be/nEidbkibsiE
The Republican leadership was going to convict Richard Nixon based upon the Articles of Impeachmen.
Article three clearly applies to the current resident of the White House.
Article 3
In his conduct of the office of President of the United States, Richard M. Nixon, contrary to his oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has failed without lawful cause or excuse to produce papers and things as directed by duly authorized subpoenas issued by the Committee on the Judiciary of the House of Representatives on April 11, 1974, May 15, 1974, May 30, 1974, and June 24, 1974, and willfully disobeyed such subpoenas. The subpoenaed papers and things were deemed necessary by the Committee in order to resolve by direct evidence fundamental, factual questions relating to Presidential direction, knowledge or approval of actions demonstrated by other evidence to be substantial grounds for impeachment of the President. In refusing to produce these papers and things Richard M. Nixon, substituting his judgment as to what materials were necessary for the inquiry, interposed the powers of the Presidency against the the lawful subpoenas of the House of Representatives, thereby assuming to himself functions and judgments necessary to the exercise of the sole power of impeachment vested by the Constitution in the House of Representatives.
In all of this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice, and to the manifest injury of the people of the United States.
Wherefore, Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.
Given the actions of the President, in the last few weeks has committed high crimes and misdemeanors and therefore warrant impeachment and trial, and removal from office.
In my opinion.
I personally have been reluctant to endorse the impeachment indictment and conviction of President Donald J. Trump.
But not now, because it is the responsibility of the United States Congress to remove him from office.
What Great work does the US House of Representatives have in store for us?
Roger
Did you miss that post where nearly 70% of Americans want the investigators investigated, and 62% want them investigated by a US Attorney that has authority to bring indictments?
We all get that you are part of the minority here, but stop acting like what Barr is doing is so obviously extreme that everyone must agree with you.
Americans simply don't agree with you.
The public understands that the Russian collusion delusion was a hoax and that quite possibly heads have to roll.
Barr is right. You are wrong.
Barr is right. You are wrong.
Are you Hitler or Chavez, Cold?
Roger is cray-cray
You seriously need to see a beheading of crooked Hillary.
"There are no sources, they are all bullshit!"
Your President.
He is going to shut down the government until they quit the investigation and you support that.
Scott you have lost your fucking mind.
Speaker in Name Only Polosi got Rolled by Luddite Cortez Wing.
Roger, according to your dribble, you're winning, act like it.
President Trump abruptly blew up a scheduled meeting with Democratic congressional leaders on Wednesday, lashing out at Speaker Nancy Pelosi for accusing him of a cover-up and declaring that he could not work with them until they stopped investigating him.
He then marched out into the Rose Garden, where reporters had been gathered, and delivered a statement bristling with anger as he demanded that Democrats “get these phony investigations over with.” He said they could not legislate and investigate at the same time. “We’re going to go down one track at a time,” he said.
The confrontation came on a day when pressure over a possible impeachment effort raised temperatures on both sides of the aisle. Ms. Pelosi arrived at the White House for a session with the president set to talk about infrastructure shortly after meeting with restive House Democrats on Capitol Hill to talk about impeachment. She emerged from that meeting with Democrats accusing Mr. Trump of a “cover-up.”
When she and Senator Chuck Schumer of New York, the Democratic leader, arrived at the White House, Mr. Trump was loaded for bear. He walked into the Cabinet Room and did not shake anyone’s hand or sit in his seat, according to a Democrat informed about the meeting. He said that he wanted to advance legislation on infrastructure, trade and other matters, but that Ms. Pelosi had said something “terrible” by accusing him of a cover-up, according to the Democrat.
After just three minutes, he left the room before anyone else could speak, the Democrat said. From there, he headed to the Rose Garden, where a lectern had been set up with a sign that said “No Collusion, No Obstruction” and gave statistics intended to show that he had cooperated with the special counsel, Robert S. Mueller III.
“Instead of walking in happily into a meeting, I walk in to look at people that have just said that I was doing a cover-up,” Mr. Trump said. “I don’t do cover-ups.”
“I walked into the room and I told Senator Schumer, Speaker Pelosi: ‘I want to do infrastructure. I want to do it more than you want to do it. I’d be really good at that, that’s what I do. But you know what? You can’t do it under these circumstances. So get these phony investigations over with,’” he said.
The Democratic leaders returned to Capitol Hill and expressed disappointment, saying they were ready to make a deal with the president on a $2 trillion plan to rebuild the nation’s roads, bridges, airports and other infrastructure.
“He just took a pass and it just makes me wonder why he did that,” Ms. Pelosi said. “In any event, I pray for the president and I pray for the United States of America.”
Mr. Schumer expressed shock at the outcome. “What happened in the White House would make your jaw drop,” he said.
Mr. Schumer said Mr. Trump’s eruption was hardly spontaneous, noting the preprinted sign on the lectern he used afterward to speak with reporters. Instead, he suggested the president staged it because he had not come up with a way to pay for such an enormous spending package.
“Hello! There were investigations going on three weeks ago when we met, and he still met with us,” Mr. Schumer said. “But now, when he was forced to say how he would pay for it, he ran away. And he came up with this preplanned excuse.”
The blowup was reminiscent of a meeting in January when Mr. Trump erupted at Ms. Pelosi during the partial government shutdown as he sought money for his promised border wall. After she refused to go along, he snapped, “bye-bye” and stormed out.
In this case, Mr. Trump has been in a foul mood since Monday, snapping at aides about his rally in Pennsylvania and complaining about news media coverage of the investigations. In his view, people close to him said, Democrats are seeking to render his presidency illegitimate.
When Mr. Trump arrived for Wednesday’s meeting, he did not take his seat near the center of the table and instead stood at the end of the table and admonished Democrats, according to an account from two people in the room, one Republican and one Democrat.
After Mr. Trump walked out, Ms. Pelosi turned to other Democrats there and recounted a story about how Thomas Jefferson and Theodore Roosevelt had each brought people together to solve infrastructure problems.
“I knew he was looking for a way out,” Ms. Pelosi concluded. “We were expecting this.”
Kellyanne Conway, the counselor to the president, was in the room. “Respectfully, Madam Speaker, do you have a direct response to the president?”
Ms. Pelosi said she was responding to the president, not members of his staff.
“Really great,” Ms. Conway replied. “That’s really pro-woman of you.”
In his report, Mr. Mueller established that Russia sought to influence the 2016 presidential campaign to benefit Mr. Trump but that he could not establish any conspiracy or coordination with Mr. Trump’s campaign. Mr. Mueller outlined nearly a dozen instances when Mr. Trump, as president, sought to impede the investigation but offered no conclusion about whether those efforts constituted obstruction of justice.
In his appearance in the Rose Garden, Mr. Trump once again claimed vindication by the report and accused Democrats of refusing to accept that he did nothing wrong. Mr. Trump has vowed to defy all subpoenas for testimony and documents sought by the House, which has angered enough Democrats that pressure is building to open a formal impeachment inquiry.
Mr. Trump emphasized that he and his team provided documents and testimony to Mr. Mueller without citing executive privilege even though he said the special counsel was biased against him, and although he did not himself agree to be interviewed in person.
“These people were out to get us, the Republican Party and President Trump, they were out to get us,” he said, referring to himself in the third person. “So here’s the bottom line,” he added. “There was no collusion, there was no obstruction. We’ve been doing this since I’ve been president, and actually the crime was committed on the other side.”
Has the IG report hit yet? Looks like the left knows that will be a real big fucking deal.
And are panicked.
He will be impeached.
Maybe.
But he's not a strategist who is going to use this to win again because he's not going to get more than 43% approval ratings except for Rasmussen.
His taxes will be released, unless even if the SCOTUS rules that he must release his taxes, unless the IRS decides to follow the law.
I'm not panicking because Trump is being surrounded on all sides and his stunt today is proof. He's acting frightened!
He will be impeached.
He's counting on it!!!!
Playing them like a f-n fiddle.
He's acting pissed at a petulant party who have done nothing but investigate him for 3 years. Without finding anything substantive. And ignore the mountain of evidence on the other side.
But the IG report and declassifications are going to bring a delayed justice. As is Barr.
He's been opposed by the biggest scandal of all time. And they all face jail time. I see Avenatti is facing over 400 years.
Last year he was talked about as a Democratic presidential candidate. And still better than Obama. The truth is coming out.
Pass the popcorn.
Yeah, impeachment will make him a prohibitive favorite in 2020.
You seriously need to see a beheading of crooked Hillary.
Better than she deserves
He's not the strategist who has been in control of the events in the last two days.
He's played you like a fiddle.
Still waiting on speaker in Name Only Polosi to deliver on her Middle Income tax cuts?
Or was that just a "position" taken for the election.
Blogger Roger Amick said...
He will be impeached.
i certainly hope so alky.
at this point i am fairly certain that trump will be reelected. what we need to seal the deal is for you dumb fucks to impeach the motherfucker. you do that, and trump instantly raises at least $100 MILLION in reelection campaign $$$ and gets those even remotely thinking about voting for him get their asses to the polls.
and alky,
in spite of your delusions, trump is in complete control of the events of the past few days. trump is fighting back, and canceling that stupid infrastructure meeting was just an opener.
you see chief, trump is telling the dems to go fuck themselves 14 times per day, leaving speaker palsi and her merry band of fuckwits no choice OTHER THAN impeachment.
trump is refusing to comply with subpoenas, calls for testimony, calls for documents, financial records, tax returns, and every other fucking thing under the sun that oozes out of fat jerry's office.
the dems are, in short, FUCKED. impeachment is their only option, and that works totally in trump's favor.
we're gonna need popcorn by the fucking truckload to enjoy what's coming down the pike for the dems over the next few months.
Blogger KD said...
Still waiting on speaker in Name Only Polosi to deliver on her Middle Income tax cuts?
Since you don't work and have no income.....why would you even care, you goat fucking asshole...... BTW.....trump gave his buddies a break and now you complain you got nothing for your vote!!!!
He's acting pissed at a petulant party who have done nothing but investigate him for 3 years
3 years asshole....the DOJ is a petulant party....too fucking stupid even for you!!!!!!
Since the day after the 2016 election they have been threatening this, placing their chips on the Russian-collusion fantasy and then on the phantasmagoric charade of obstruction of justice. The attorney general accurately gave the ingredients of the offense of obstruction of justice in his four-page summary of the Mueller report: a corrupt act for corrupt purposes in contemplation of a legal proceeding.
The attorney general, William Barr, the then deputy attorney general Rod Rosenstein, and the Justice Department counsel concurred that none of the elements was present in the conduct of the president as recounted by Mr. Mueller. The dream died, except in the febrile imagination of the Democrats, who launched an unfounded attack on the attorney general’s integrity.
Everyone knows that the prospects of a successful move to impeach and remove the president from office by two thirds of the Senate finding that he has been proved beyond a reasonable doubt to have committed high crimes and misdemeanors, as the Constitution requires, are less than zero.
The turn of the tables has been exquisite and complete. The idea that anyone ever nominated by a serious American political party would collude with a foreign power to rig a presidential election is insane. No one, not even a scoundrel such as Aaron Burr or a third-party naif such as Henry Wallace, would have dreamt of such a thing.
But in their desperation and denial after the unimaginable victory of someone pledged to clean out the entire political class that has ruled America since the Reagan years, the Democrats paid $10 million for a false dossier on Mr. Trump, corrupted and politicized the intelligence services and the FBI, set up an echo chamber of self-verification with the national media Trump had already reviled as dishonest, and provoked the creation of a special counsel to look into Trump–Russian collusion.
The Republican congressional leaders sat on their hands to see if the leader none of them had supported would be impeached, and the Democrats and their scripted press choristers smugly carped and waited like noisy crocodiles for their victim to be reduced to inert helplessness. Guess what.
https://www.nysun.com/national/democrats-are-painted-into-a-corner/90697/
https://www.nysun.com/national/democrats-are-painted-into-a-corner/90697/
An opinion piece written by a canadian who is a convicted felon for fraud and Obstruction of justice....2 traits that endear his thoughts to our resident bigot....BWAAAAAAAAAA!!!!!
No wonder why he supports trump....the guy is a crook, just like trump!!!!
of the criminal fraud charges were dropped on appeal, a conviction for felony fraud and obstruction of justice were upheld in 2010 and he was re-sentenced to 42 months in prison and a fine of $125,000. In 2018, he wrote a glowing book about President Donald Trump. On May 15, 2019, he was granted a full pardon by Trump.
Blogger Roger Amick said...
He will be impeached."
Alky is a spineless coward.
That is wht Mail Order left him and took half his future and past wealth.
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