George Washington University law professor Jonathan Turley and former federal prosecutor Andy McCarthy said Friday the Supreme Court’s decision limiting nationwide injunctions was “a victory for the Trump administration.”
The Supreme Court found that district judges who issued so-called “nationwide injunctions” in response to President Donald Trump’s Jan. 20 executive order regarding birthright citizenship in a 6-3 decision. Turley said that the injunctions were “freezing federal policy.”
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“What I’ve seen looks like a victory for the Trump Administration,” Turley said. “Justice Barrett is saying the only way for justices to exercise this type of universal injunction in some of these cases is equitable relief. She doesn’t find evidence that it was granted to these judges. They indicate the administration is likely to prevail on this issue.”
“[It’s] awfully good news for this administration,” Turley continued. “They have been really hit with these small attacks, all these individual district judges effectively freezing federal policy and programs across the country. So it does appear to be a victory. It may be a bit more nuanced but so far it looks like a good day for the Trump Administration.”
The Supreme Court held a special oral argument session May 15 focusing on the practice of nationwide injunctions blocking the executive order Trump issued on birthright citizenship on January 20. McCarthy said that a suggestion by Associate Justice Sonia Sotomayor in her dissent would still be a win for Trump.
“I think it is interesting what [Fox News legal correspondent] Shannon [Bream] just told us about Justice Sotomayor’s suggestion that you go to class actions,” McCarthy told “America’s Newsroom” co-host Dana Perino. “Even that, I think, would be a victory for the Trump Administration in the sense that class actions are much more rigorous and regulated than the idea of these district judges in a completely untethered way just making rulings that apply to the whole country.”
CNN’s Elie Honing stated that the ruling by the Supreme Court would expand the power of Trump’s executive orders. He added that the injunctions would prevent a judge’s ruling from being “broader than necessary” and had to be” as narrow as possible” going forward.
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