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In It to Win It

(12,823 posts)
Fri Jul 4, 2025, 09:23 AM Jul 2025

Judges are finding workarounds to Trump's big Supreme Court win

https://www.politico.com/news/2025/07/03/supreme-court-nationwide-injunctions-rulings-00439335


If the Supreme Court’s near-ban on nationwide injunctions was the earth-shattering victory President Donald Trump claimed, no one seems to have told his courtroom opponents.

While the absence of that tool is clearly a sea change for the judiciary, early results indicate that judges see other paths to impose sweeping restrictions on government actions they deem unlawful. And those options remain viable in many major pending lawsuits against the administration.

Since the high court’s ruling last Friday, U.S. District Judge Randolph Moss issued an extraordinary rejection of the president’s effort to ban asylum for most southern border-crossers, a ruling with nationwide effect.

Moss, an Obama appointee, emphasized that his decision was not one of the now-verboten injunctions. Instead, it relied on two alternative routes the Supreme Court acknowledged remained available for those challenging Trump’s policies: class actions, which allow large groups to band together and sue over a common problem, and the Administrative Procedure Act, a federal law that permits courts to “set aside” federal agency actions that violate the law, including rules, regulations and memos laying out new procedures.

The ruling by Moss drew intense outrage from the Trump administration, which accused the judge of going “rogue” and violating the Supreme Court’s intentions.
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Judges are finding workarounds to Trump's big Supreme Court win (Original Post) In It to Win It Jul 2025 OP
That ruling also hurt their RWer counterparts as well................... Lovie777 Jul 2025 #1
Truth is every ruling has a legal basis for it. Lower courts can always make an effectively counter ruling based on SSJVegeta Jul 2025 #2
There was a retired judge on CNN when ruling came down. She bascially said, courts will find a way if they want to. Silent Type Jul 2025 #3
Class Actions TnDem Jul 2025 #4
K&R Yo_Mama_Been_Loggin Jul 2025 #5

SSJVegeta

(3,131 posts)
2. Truth is every ruling has a legal basis for it. Lower courts can always make an effectively counter ruling based on
Fri Jul 4, 2025, 09:32 AM
Jul 2025

Precedent and other legal justifications not addressed by the higher court.

 

Silent Type

(12,412 posts)
3. There was a retired judge on CNN when ruling came down. She bascially said, courts will find a way if they want to.
Fri Jul 4, 2025, 09:46 AM
Jul 2025

Truth is, Biden and Obama could have used that ruling to our benefit too, because they had several Executive Orders struck down nationally by one or two districts.

 

TnDem

(1,390 posts)
4. Class Actions
Fri Jul 4, 2025, 11:02 AM
Jul 2025

Are another way to forum shop by both sides...This route was left open by Roberts, because it was never really addressed in the case at hand....Schumer and 30 other Democrats bitched about the overuse of judge shopping, because it was abused by everyone. "Class Actions" are another side of the same coin.

Once the class action route starts be be overused and abused, (and it will be one or both sides), then SCOTUS will be forced to rule on that issue, and they probably will.

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