The Fifth Circuit Made Me Do It
Another national injunction, in another case called Texas v. United States, and again there’s hand-wringing by the judge who issues it. The judge indicates that he has serious reservations about the propriety of national injunctions, but he considers himself constrained by Fifth Circuit precedent. And so, because federal immigration law needs to be uniform, there’s a national injunction. You can read the opinion here. For the scope of the injunction, pages 151 to 156 are the relevant part. Brief observations (with no. 3 being the big one):
First, this is untenable situation. Very consequential decisions, setting policy for the entire federal government, are made without the judges making them even defending the remedial scope of their decisions as being correct–rather, the scope of the injunction is defended on the basis of circuit court precedent.
Second, the Biden administration needs to be more aggressive in going after the national injunction. Pru
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