{"id":22440,"date":"2020-01-29T07:38:42","date_gmt":"2020-01-29T12:38:42","guid":{"rendered":"https:\/\/www.immigrationreform.com\/?p=22440"},"modified":"2020-01-29T07:38:44","modified_gmt":"2020-01-29T12:38:44","slug":"supreme-court-judicial-activism-gorsuch-immigrationreform-com","status":"publish","type":"post","link":"https:\/\/www.immigrationreform.com\/2020\/01\/29\/supreme-court-judicial-activism-gorsuch-immigrationreform-com\/","title":{"rendered":"Justice Gorsuch Objects to Judicial Veto Power"},"content":{"rendered":"\n

Justice Neil Gorsuch was one of five Supreme Court judges who voted to stay nationwide injunctions imposed by lower courts that barred the Trump administration from denying visas to people who are likely to become public charges. But in his concurring opinion<\/a>, Gorsuch went a step further, decrying the growing practice of judges exercising what amounts to veto power over government policies. Judicial veto has been especially prevalent in immigration matters, particularly since President Trump assumed office, as every policy aimed at protecting the public interest is litigated by mass immigration advocates.<\/p>\n\n\n\n

\u201cThere are currently more than 1,000 active and senior\ndistrict court judges, sitting across 94 judicial districts, and subject to\nreview in 12 regional courts of appeal. Because plaintiffs generally are not\nbound by adverse decisions in cases to which they were not a party, there is a\nnearly boundless opportunity to shop for a friendly forum to secure a win\nnationwide,\u201d Gorsuch wrote.<\/p>\n\n\n\n

Any one of those judges \u2013 and the advocates for unchecked\nimmigration know precisely who they are \u2013 can essentially veto efforts by the\nExecutive Branch to faithfully carry out laws enacted by the Legislative Branch\nby issuing an injunction that applies not only in that judge\u2019s district, but\nnationwide. With more than a bit of sarcasm, Gorsuch notes that, \u201cWhether\nframed as injunctions of \u2018nationwide,\u2019 \u2018universal,\u2019 or \u2018cosmic\u2019 scope, these\norders share the same basic flaw\u2014they direct how the defendant [i.e. the\ngovernment] must act toward persons who are not parties to the case.\u201d<\/p>\n\n\n\n

The role of the district court judge in issuing an\ninjunction against implementation of a federal immigration policy is to\ndetermine whether there is legitimate cause to believe that the plaintiffs\nfiling the suit will be unfairly or irreparably harmed. \u201cBut when a court goes\nfurther than that, ordering the government to take (or not take) some action\nwith respect to those who are strangers to the suit, it is hard to see how the\ncourt could still be acting in the judicial role of resolving cases and\ncontroversies,\u201d observed Gorsuch.<\/p>\n\n\n\n

Gorsuch\u2019s concerns are not abstract legal musings. They\naddress a calculated strategy that the mass immigration advocacy network has\nemployed with remarkable effectiveness over the past three years, which is to\ntry to run down the clock on the Trump administration. Winning their lawsuits\nagainst administration immigration enforcement efforts is a secondary\nconsideration for the mass immigration advocacy network. In fact, the record\nshows that in the end they have lost nearly all of them on the merits. Their\nprimary goal has been (and continues to be) to delay effective implementation\nof immigration laws and policies for as long as possible while waiting and\nhoping for a president who shares their ideological goals.<\/p>\n\n\n\n

In furtherance of those goals, the mass immigration lobby\nhas been able to rely on a relative handful of activist judges who believe that\ndonning a black robe also endows them with veto power over presidential actions\nthey disapprove of. \u201cThis is not normal,\u201d Gorsuch opines. Or, perhaps, it is\nthe new normal. Whatever it is, it not what the founders of our republic had in\nmind.<\/p>\n","protected":false},"excerpt":{"rendered":"

Justice Neil Gorsuch was one of five Supreme Court judges who voted to stay nationwide injunctions imposed by lower courts that barred the Trump administration from denying visas to people who are likely to become public charges. But in his concurring opinion, Gorsuch went a step further, decrying the growing practice of judges exercising what<\/p>\n

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