Sen John Kennedy: Why Scotus has to seize the opportunity to eliminate universal orders

On 15 May, the US Supreme Court will hear the argument in a series of cases asking the court to decide whether judges of the individual court can unilaterally stop the federal government to enforce a law or policy nationally. The court should have the chance to end this practice.

Normally, when a court opts for the challenge of a claimant for a federal policy, the court’s order only applies to that claimant.

In the 1960s, however, some judges invented a new tool called a universal order to impose their will on the country. Instead of tackling the concerns of one plaintiff, these judges began to give up the government to prevent policy against everyone” everywhere.

The universal order gives individual judges extraordinary power. Do you not like a law adopted by the congress? Get rid of it. Do you not like the regulations of a desk? Dead. Do you not like one of the president’s policy? Sayonara.

The only solution for the crisis of the judges of the radical district

In the beginning these universal orders were unusual. Until the 21st century, courts have only issued 27 universal orders. But in recent decades they have become a fact of life. President Joe Biden was confronted with 14 universal orders in his four -year period and President Donald Trump surpassed that number in less than four months.

Nowhere does the Constitution say that district courts have this enormous power. The congress has never authorized courts to implement universal orders. Universal orders were also not recognized in England, where America bought a lot of its case law.

Yet individual judges throughout the country still claim that they have the authority to bring the entire federal government to a screaming stop with the battle of a pen.

Rogue, left -wing judges caused by an obsession with feelings, no facts

To make matters worse, judges often issue these universal orders after provisional hearings with a limited debate by the parties. There is no jury. There is no test. There is no real testing of the evidence at all. It also means that courts have little time to consider Gnarly legal issues. That is why judges are able to close the federal policy members nationally within a few days or even hours.

This practice gives almost unobstructed discretion to the most extreme lawyers in the country. The government could successfully defend a policy for hundreds of district judges, but a single judge who does not agree could still wipe out the policy nationally.

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Because the order can prohibit the enforcement of the law or policy everywhere, the federal government feels understandably forced to immediately appeal against the case until the Supreme Court if necessary. This hurried process undermines judicial decision -making.

The Supreme Court prefers when things take their time and legal issues covered in the lower courts. This ensures that many legal scientists and judges get the chance to share their views and to fully investigate a problem. But universal orders often force the Supreme Court to leave this thorough, deliberative process in favor of a hurried statement on the basis of half -baked letters.

One rogue judge should not be able to force the Supreme Court to hurry complex legal issues because he or she took the power to construct a federal policy nationally.

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This is not an ideological problem. Justices Neil Gorsuch, Clarence Thomas and Elena Kagan have all expressed their concern about universal orders that shortly links the American judicial device. This is also not a part -time issue. Platicitor -General for both presidents Biden and Trump asked the Supreme Court to put an end to universal orders.

These persons understand better than anyone else that the unbridled use of universal orders by judges of the court threatens to destabilize the judiciary, and indeed our entire government system. I hope that the court will use the possibility of ending this illegal practice once and for all.

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