Each year, the U.S. Supreme Court quickly pushes out all the remaining decisions in their final few days before summer break at the end of June. Well… almost all the decisions. This year, the Court quietly punted a few contentious cases until next fall – one, a redistricting dispute from Louisiana (despite already having held oral argument on it), and another the issue of boys playing in girls’ sports (despite pending appeals from several states). Also still pending were several cases on the Court’s so-called “shadow docket.” These are applications brought on emergency basis and in which no oral arguments are held and decisions are often rendered without explanation.
Many of these “shadow docket” cases are very important, such as the Court’s ruling this spring to allow Trump to continue deporting illegal aliens to a third country when their home country refuses to take them back. However, this case, like many others, was met with continued interference at the district court level. Trump’s marvelous Solicitor General John Sauer immediately went back to the Supreme Court with an extraordinary request of that they, in essence, discipline the district court for its defiance.
It turns out, these actions may be likely, when take into account one of the Court’s blockbuster rulings. Justice Amy Coney Barrett penned the majority 6-3 decision in Trump v. CASA, and it can honestly be described as a Supreme Court smack down on nationwide injunctions from lower courts.
“During the first 100 days of the second Trump administration,” Barrett wrote, “district courts issued approximately 25 universal injunctions.” Yet, “the universal injunction was conspicuously nonexistent for most of our Nation’s history,” she added. Viewed in light of other zingers Justice Barrett has recently rendered, she may end up emerging as the future leader MAGA had hoped for. Neither Justice Thomas nor Alito can do it all by themselves.
Tune in tomorrow for a deeper dive into the district court judicial rebels and the birthright citizenship that is still simmering in our American courts.
This post originally appeared at https://phyllisschlafly.com/constitution/fireworks-in-the-scotus-end-of-term-decisions/