Brianna Lyman of the Federalist explains why a recent warning from U.S. Supreme Court Justice Samuel Alito proved prescient.
Days after Justice Samuel Alito warned that a recent Supreme Court ruling had two glaring holes that could be exploited, an Obama-appointed judge appears to have done just that.
U.S. District Judge Randolph Daniel Moss sided with the left-wing ACLU and several other activists organizations when he ruled that President Donald Trump exceeded his authority when he issued an executive order on Jan. 20 prohibiting illegal aliens who “engaged in the invasion across the southern border” from seeking asylum or a withholding of removal. Moss claimed Trump lacked “the inherent constitutional authority.”
As described by Fox News, Moss “granted plaintiffs’ request to certify a class of migrants who were either subject to Trump’s proclamation heard by the court or would be subject to it in the future.” This certification, as explained by Fox News, means the lawsuit can proceed forward despite a recent ruling from the Supreme Court that limited the authority of unelected, rogue judges. The high court, to Alito’s chagrin, did not close the loophole to prevent rogue judges from granting a certified class status.
Instead, the Supreme Court only declared that universal injunctions issued by unelected, inferior court judges against Trump’s birthright citizenship order to be unlawful. …
… While the high court ruled that “universal injunctions … likely exceed the equitable authority that Congress has granted to federal courts,” Alito warned in a concurring opinion that “two related issues that are left unresolved and potentially threaten the practical significance of today’s decision: the availability of third-party standing and class certification.”
Alito argued the “Court does not address the weighty issue whether the state plaintiffs have third-party standing to assert the Citizenship Clause claims of their individual residents.”
The post Judge proves Alito right in warning about national injunctions first appeared on John Locke Foundation.
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Author: Mitch Kokai
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