
Republican Louisiana Sen. John Kennedy said on Friday that Supreme Court Associate Justice Ketanji Brown Jacksonās dissent in a major decision shows she is upset.
Jackson issued a scathing dissent in response to the Supreme Courtās 6-3 decision that barred district courtsā abilities to issue universal injunctions to block President Donald Trumpās policies. Kennedy, who celebrated the high courtās decision, said on āThe Faulkner Focusā that Jacksonās ire toward the ruling is likely āa good thing for the American people.ā
āThe Supreme Court has turned the universal injunctions into fish food, as well it should have. There is no basis in statute, thereās no basis in Supreme Court precedent, thereās no basis in English common law for universal injunctions. Judges who just dislike what Congress or the president or any president has done, and good riddance. Iām very proud of the Supreme Court. Itās a very extensive ruling, you can tell it from Justice Jacksonās dissent. She is mad as a bag of cats and thatās probably a good thing for the American people,ā Kennedy said.
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Trump issued the āProtecting the Meaning and Value of American Citizenshipā executive order on his first day in office in January, which ends the inherent birthright citizenship for children born to illegal immigrants or migrants on temporary visas. Three lower courts blocked the order through a universal injunction, leading the administration to appeal to the Supreme Court in April.
Associate Justice Amy Coney Barrett wrote in the majorityās opinion that the universal injunctions against Trump ālikely exceed the equitable authority that Congress has granted to federal courts.ā Jackson argued in her dissent that allowing a president to āviolate the Constitutionā is an āexistential threat to the rule of law.ā
āIt is important to recognize that the Executiveās bid to vanquish so-called āuniversal injunctionsā is, at bottom, a request for this Courtās permission to engage in unlawful behavior. When the Government says ādo not allow the lower courts to enjoin executive action universally as a remedy for unconstitutional conduct,ā what it is actually saying is that the Executive wants to continue doing something that a court has determined violates the Constitutionāplease allow this,ā Jackson wrote.
āThat is some solicitation. With its ruling today, the majority largely grants the Governmentās wish. But, in my view, if this country is going to persist as a Nation of laws and not men, the Judiciary has no choice but to deny it,ā she continued.
Barrett further said in her opinion that the court would ānot dwellā on Jacksonās argument, which she argued is āat odds with more than two centuries worth of precedent, not to mention the Constitution itself.ā She argued that while the president has a duty to āfollow the law,ā the judicial branch lacks the āunbridled authority to enforceā that obligation.
Associated Justices Sonia Sotomayor and Elena Kagan also dissented in the decision.
During oral arguments on the case in May, Solicitor General John Saur stated that lower courts issued over 40 nationwide injunctions against Trump since he began his second term.
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