Brian4Liberty
02-04-2017, 03:49 PM
Seattle Judge is Wrong and Overreached With Nationwide Injunction on Travel Ban (http://lawnewz.com/high-profile/seattle-judge-is-wrong-and-overreached-by-issuing-nationwide-injunction-on-travel-ban/)
by Robert Barnes - February 4th, 2017
Two different courts, on opposite coasts, ruled in opposite directions on Friday. A Boston federal court affirmed Trump’s executive order as “bona fide”; a Seattle federal court enjoined it. Both spoke to requests for “nationally” effective rulings. Can federal courts give conflicting directions to government employees?
...
The Seattle decision overstepped the traditional boundaries of district court authority, especially when sister courts are ruling on the same issues. Both the Supreme Court and the Ninth Circuit warned against issuing a national order in just these kind of cases.
Unlike state courts, federal courts enjoy the possibility of national reach in their decision. Due to the risk of conflicting decisions within the courts, venue-shopping by litigants (note how the ACLU, CAIR and the Attorney Generals aren’t suing in any Trump states), and the interference with the executive branch of government in their daily duties, the Supreme Court established precedents — precedents being what constitutes “evidence” for lawyers about what the law says — to limit this problem from occurring.
First, the Supreme Court warned against issuing any relief not individually and specifically necessary to the plaintiffs before the court. Califano v. Yamasaki, 442 U.S. 682, 702 (1979). The Seattle judge’s ruling goes way beyond that, trying to apply his order to people all around the world. It appears the Seattle judge thinks the people voted him President of the United States. Welcome to the ego of federal judges.
Second, the Supreme Court warned against issuing any such relief against the executive branch, especially in military, immigration, or foreign policy concerns, given how precarious such orders can threaten security, and interfere with day-to-day functions of the executive branch.
...
Third, as the Ninth Circuit, that governs the Seattle court, repeatedly ruled: a federal court should not issue rulings beyond its jurisdiction when other courts have also issued rulings on the matter. AMC Entm’t 549 F.3d at 770. The “principles of comity” compel that a court should not grant national relief when doing so would “create tensions” with courts in other circuits and “would encourage forum shopping.”
...
The Supreme Court already reversed an order just like the Seattle order. In 1993, a few folks challenged the don’t ask, don’t tell restrictions on gays in the military. Shock, shock, they filed the suit on the west coast. Shock, shock, a liberal judge tried to convert it into a national injunction. Guess what happened? The Supreme Court reversed, issuing a stay of all parts of the injunction that “granted relied to persons other than the named plaintiff.” Dep’t of Defense v. Meinhold, 510 U.S. 939 (1993). Notably, that decision to stay the injunction was 9-to-0, unanimous. That is how obvious the precedents — the evidence of the law — is in this instance.
...
More: http://lawnewz.com/high-profile/seattle-judge-is-wrong-and-overreached-by-issuing-nationwide-injunction-on-travel-ban/
by Robert Barnes - February 4th, 2017
Two different courts, on opposite coasts, ruled in opposite directions on Friday. A Boston federal court affirmed Trump’s executive order as “bona fide”; a Seattle federal court enjoined it. Both spoke to requests for “nationally” effective rulings. Can federal courts give conflicting directions to government employees?
...
The Seattle decision overstepped the traditional boundaries of district court authority, especially when sister courts are ruling on the same issues. Both the Supreme Court and the Ninth Circuit warned against issuing a national order in just these kind of cases.
Unlike state courts, federal courts enjoy the possibility of national reach in their decision. Due to the risk of conflicting decisions within the courts, venue-shopping by litigants (note how the ACLU, CAIR and the Attorney Generals aren’t suing in any Trump states), and the interference with the executive branch of government in their daily duties, the Supreme Court established precedents — precedents being what constitutes “evidence” for lawyers about what the law says — to limit this problem from occurring.
First, the Supreme Court warned against issuing any relief not individually and specifically necessary to the plaintiffs before the court. Califano v. Yamasaki, 442 U.S. 682, 702 (1979). The Seattle judge’s ruling goes way beyond that, trying to apply his order to people all around the world. It appears the Seattle judge thinks the people voted him President of the United States. Welcome to the ego of federal judges.
Second, the Supreme Court warned against issuing any such relief against the executive branch, especially in military, immigration, or foreign policy concerns, given how precarious such orders can threaten security, and interfere with day-to-day functions of the executive branch.
...
Third, as the Ninth Circuit, that governs the Seattle court, repeatedly ruled: a federal court should not issue rulings beyond its jurisdiction when other courts have also issued rulings on the matter. AMC Entm’t 549 F.3d at 770. The “principles of comity” compel that a court should not grant national relief when doing so would “create tensions” with courts in other circuits and “would encourage forum shopping.”
...
The Supreme Court already reversed an order just like the Seattle order. In 1993, a few folks challenged the don’t ask, don’t tell restrictions on gays in the military. Shock, shock, they filed the suit on the west coast. Shock, shock, a liberal judge tried to convert it into a national injunction. Guess what happened? The Supreme Court reversed, issuing a stay of all parts of the injunction that “granted relied to persons other than the named plaintiff.” Dep’t of Defense v. Meinhold, 510 U.S. 939 (1993). Notably, that decision to stay the injunction was 9-to-0, unanimous. That is how obvious the precedents — the evidence of the law — is in this instance.
...
More: http://lawnewz.com/high-profile/seattle-judge-is-wrong-and-overreached-by-issuing-nationwide-injunction-on-travel-ban/