As the future of the U.S. Supreme Court generates headlines in the weeks ahead, John Fund of National Review Online urges the nation to debate another topic involving the federal judiciary.
Whenever there is a Supreme Court vacancy, I view it as a chance to teach voters about the courts and their legitimate role in our government. We could use that. Last year, the Annenberg Center found that only 26 percent of those it surveyed could name the three branches of government (executive, judicial, and legislative). A full 33 percent couldn’t name even one branch.
Confusion about the proper role of the courts extends to many of our sitting judges. Last month, while the Supreme Court narrowly upheld the so-called Trump travel ban, Justice Clarence Thomas raised an issue that the next Supreme Court justice may have to weigh in on. Why is it, he asked, that a single federal district judge can impose an injunction blocking a presidential executive order in all 50 states even if none of his colleagues (599 district judges) thinks it’s a good idea? …
… Since January 2017, the “resistance” to President Trump has succeeded in getting 22 injunctions against his actions on issues ranging from the “Dreamers” to sanctuary cities and transgender policy in the military. …
… Justice Thomas says their recent explosion calls for a rethinking of their validity because “no statute expressly grants district courts the power to issue universal injunctions.” He concludes that, as used today, they “boi[l] down to a policy judgment” about how judges define the limits of a president’s power. But that judgment is supposed to spring from the Constitution, not from the preferences of a black-robed figure.
