As the Supreme Court continues to work through the ever growing pile of appeals of judicial activist rulings against Trump, it’s a good time to remember what jurisdictions serve as the “old faithful” avenues for the left’s legal activism.
Liberals are shrewd enough to file their lawsuits against Trump in the U.S. Court of Appeals for the Ninth, First, and D.C. Circuits, which rule for them nearly every time. The anti-Trumpers then hedge their bet by filing multiple identical lawsuits in additional left-leaning Circuits, while meticulously avoiding the Republican-dominated Fifth and Eighth Circuits.
It was the Ninth Circuit which ordered Trump to allow transgender soldiers to remain in our military. Also, one of the many Democrat-appointed judges in San Francisco was responsible for trying to protect the temporary protected status (TPS) of 350,000 Venezuelans.
When these cases first began to roll into the Supreme Court, then-acting Solicitor General Sarah Harris (a former clerk for Clarence Thomas) wrote to the Court, “Does a single district-court judge who likely lacks jurisdiction have the unchecked power to compel the government of the United States to pay out (and probably lose forever) millions in taxpayer dollars?.” She argued, “This court should put a swift end to federal district courts’ unconstitutional reign as self-appointed managers of executive branch funding and grant-disbursement decisions.”
In similar fashion, big blue states like California and New York serve as shields against the law to protect abortionists who expand their services into red states that restrict abortion. When there is enforcement of pro-life laws against out-of-state abortion providers, the blue states refuse to allow the registration of judgments from other states.
These pro-abortion shield laws violate the Full Faith and Credit Clause of the U.S. Constitution, which commands states to recognize each other’s court rulings. Not since before the Civil War has there been such open defiance by one group of states against another, and the Supreme Court will be asked to resolve this, too.
The left knows all too well how to pick friendly judges, districts, and states from which to perpetrate their legal craft against the will of We the People.
This post originally appeared at https://phyllisschlafly.com/constitution/judicial-supremacy/blue-states-and-left-leaning-legal-havens/
Phyllis Schlafly