Miles's Law: where you stand depends on where you sit.
Trump and his allies have in recent weeks called for the impeachment of at least five federal judges who have issued injunctions against administration actions, including DOGE moves to gut the federal government. But in past years, especially under JOE BIDEN’s administration, those same Trump allies celebrated judicial injunctions.
Two years ago, Trump praised a federal judge’s ruling which blocked the Biden administration from communicating with social media companies. “Just last week in a historic ruling, a brilliant federal judge ordered the Biden administration to cease and desist from their illegal and unconstitutional censorship and collusion with social media,” he said at a Turning Point Action summit.
In December, Trump applauded when a federal judge blocked the Biden administration from disposing of materials used for Trump’s promised Southern border wall before his inauguration. And in 2021, STEPHEN MILLER’s America First Legal Foundation asked for injunctions against the Biden administration, including one on the federal employee Covid-19 vaccine mandate.
In 2016, Josh Gerstein reported at Politico:
Conservative states are succeeding in getting friendly federal judges to issue broad—often nationwide—injunctions reining in federal government actions, thwarting key parts of President Barack Obama’s agenda and imperiling some aspects of Hillary Clinton’s platform.
The tactic—amplified by the 4-4 deadlock in the Supreme Court—has already frozen Obama’s immigration policy, is limiting his efforts to protect transgender rights and could hamstring Clinton’s planned executive actions on immigration, labor and environmental issues if she wins the White House.
The shorthanded Supreme Court is expected to start adding new cases to its docket as soon as Thursday, with the new term set to open Monday. But many legal experts say that if the high court remains split down the middle on key issues, the more important action will be in the lower courts, where the red-state-led onslaught is playing out..
In its waning days, the Obama administration is continuing to push back against the conservative legal assault, with the Justice Department repeatedly opposing nationwide injunctions and pressing judges to rein in their rulings.
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Nonetheless, some liberal legal activists seem reluctant to deplore the conservative states’ tactics. The reason: civil rights and immigrants’ advocates have long visited the courtrooms of federal judges to seek sweeping rulings looking to alter federal policy across the country.
“A single case involving a single judge can issue an injunction against nationwide laws or policies and they have always done that. That’s the way our legal system works,” said Nina Perales of the Mexican American Legal Defense and Education Fund. “It’s almost as if conservatives figured this out after progressives did....It’s really not new.”
