The Supreme Court Is Supreme, And The Inferior Courts Are Inferior
Trump v. CASA is one of the Supreme Court’s most important decisions about the powers of the Supreme Court. It ranks up there with City of Boerne v. Flores, Cooper v. Aaron, and maybe even Marbury v. Madison. To be clear, CASA was not a ruling about the Article III powers of the lower courts. Justice Barrett was quite clear the Court was only ruling based on whether the Judiciary Act of 1789 permitted universal injunctions.
Our decision rests solely on the statutory authority that federal courts possess under the Judiciary Act of 1789. We express no view on the Government’s argument that Article III forecloses universal relief.
CASA also did not directly discuss the Article III powers of the Supreme Court in particular. Instead, the majority seemed to accept the premise of judicial supremacy, at least based on the Solicitor Generals’ representation. By contrast, Justice Kavanaugh embraced it wholeheartedly. In short, the Supreme Court is Supreme, and the inferior courts are inferior. Or, mi CASA no es su CASA.
Justice Barrett, citing her opinion in Brackeen, explains that a judicial opinion has no legal force. Rather, it is the judgment of a federal court that has force, and can remedy an injury.
In her law-declaring vision of thejudicial function, a district court’s opinion is not just persuasive, but has the legal force of a judgment. But see Haaland v. Brackeen, 599 U. S. 255, 294 (2023) (“It is a federal court’s judgment, not its opinion, that remedies an injury“).
I disagree with much in Brackeen, but this statement is correct.
However, in Footnote 18, Barrett explains that the Supreme Court’s opinions do have legal force. Or at least she quotes Solicitor General Sauer’s representation on this point.
The dissent worries that the Citizenship Clause challenge will never reach this Court, because if the plaintiffs continue to prevail, they will have no reason to petition for certiorari. And if the Government keeps losing, it will “ha[ve] no incentive to file a petition here . . . because the outcome of such an appeal would be preordained.” Post, at 42 (opinion of SOTOMAYOR, J.). But at oral argument, the Solicitor General
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
