July 01, 2025

How to Circumvent the SCOTUS Ruling

Timothy Birdnow

They are already plotting ways around the Supreme Court's ruling against nationwide injunctions.

3 Ways Judicial Insurrection May Circumvent the Supreme Court Ruoing Againstt Nationwide Injunctions

Here's one way; they are going to bring class action suits by all the illegal aliens (in compliance with SCOTUS' decision) which would keep them in the country as the legal battle plays out (over years, no doubt).

Amy Conehead Barrett, who wrote the majority opinion on the Court ruling left wiggle room; a thirty day moratorium on deportations of illegal aliens who are pregnant. so naturally they are going to run with Barrett's stupidity. (How can Barrett legally justify this? She can't; she just decided it was a good thing to do.)

At any rate here is how they plot to circumvent the ruling in Trump v. CASA.

First, there is the matter of class actions. Sam Alito argued this overturns the whole ruling:

"Putting the kibosh on universal injunctions does nothing to disrupt Rule 23’s requirements,” Justice Samuel Alito wrote in a concurring opinion.

He warned, however, that "district courts should not view today’s decision as an invitation to certify nationwide classes without scrupulous adherence to the rigors of Rule 23.”

If judges do so, Alito warned, "the universal injunction will return from the grave under the guise of ‘nationwide class relief,’ and today’s decision will be of little more than minor academic interest.

Don't think they won't find a judge to rule in their favor either.

Second there is this:

The Administrative Procedure Act of 1946 also provides a way for district court judges to block administration policies.

A footnote in Barrett’s ruling notes that "nothing we say today resolves the distinct question whether the Administrative Procedure Act authorizes federal courts to vacate federal agency action.”

Under 5 U.S. Code Section 706, a court reviewing federal agency action "shall … compel agency action unlawfully withheld or unreasonably delayed; and hold unlawful and set aside agency action, findings, and conclusions to be” in one way or another "not in accordance with law.”

The Supreme Court has not laid out clear precedent about the limits of courts’ ability to vacate agency action under the Administrative Procedure Act. If left-wing groups bring such lawsuits against the Trump administration, these cases may end up before the nation’s highest court.

Again, Barrett has screwed us.

Then finally:

District court judges may also flatly defy the Supreme Court’s clear ruling against nationwide injunctions. It sounds insane, but I frankly can’t rule it out because it has already happened.

Last week, Massachusetts-based District Judge Brian Murphy openly defied the court. He had issued a temporary injunction on April 18, blocking the Trump administration from deporting illegal aliens to South Sudan. He issued a follow-up order on May 21, clarifying and enforcing the injunction.

The Supreme Court struck down his April 18 order on June 23, but he issued another order that same day, stating that the May 21 order remained in effect.

This judge should be impeached as this is a willful breaking of the law by this court. But of course the Senate will never muster the sixty votes needed to remove this clown from the bench. congress could simply dissolve this court - something never been tried before - but I suspect that would require cloture of a filibuster. So we are yet again at the tender mercies of the Democrats.

The best thing to do is simply tell these judges disobeying the Supreme Court to go to hell. How can anyone complain about the Administration not obeying a rogue judge when that judge isn't obeying his own superiors? But of course the Democrats will sure try to gin up outrage.

Any way you look at it they aren't going to let this tactic slip quietly into that good night.

Ano0ther thing we can do is go to a favorable court, challenge our own actions, and let a competing ruling be implemented. Of course they have stacked most of teh Federal judiciary. We have far fewer judges than do they.

At any rate this isn't over and we can largely thanks that silly Amy Coney Barrett.

Posted by: Timothy Birdnow at 09:02 AM | No Comments | Add Comment
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