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Notes -
It is what some judges do, very few. The nine on the Supreme Court.
District judges have no authority to issue injunctions against the President, and we know this because the first time it happened in the history of this country was by Judge James Robart in 2017. Do consider the history of this country: FDR hasn't quite passed from living memory, Trump may violate many contemporary norms, the travel ban violated no historic norms and represented no sweeping and dubious exercise of executive authority. Certainly not compared to the sweeping, unprecedented and wholly unconstitutional exercise of judicial authority by who ended up being multiple district judges attempting to actively restrain the authority of the executive. This is why SCOTUS ruled in favor of the XO per curiam.
I don't know if this is the hill where Trump should invoke Jackson -- probably because I expect SCOTUS will issue another per curiam -- but unless district judges are permanently shaken of the delusion that they have the constitution's endorsement to issue sweeping federal injunctions, let alone those against the executive, that moment is inevitable.
The judges doing this don't really expect that their orders will stand. They're just playing the delaying game; if they can pretend to be just reasonably issuing restraining orders to preserve the case, and avoid the Supreme Court taking it up on the emergency docket, they can keep Trump from doing anything for years, perhaps even his entire term. If Trump invokes Jackson, the higher courts (even those he appointed) will side with their lower-court brethren and we'll have a full-on Constitutional crisis. So he'll try to play the same "I'm not touching you" game the Democrats do, and hope his courts will allow him the same leeway nearly all courts do the Democrats. I'm not sure that'll work, though.
I wonder if there is a way to go to a Republican friendly jdx and get an opposite ruling to effectively force a split.
It has to roll before the fifth circuit.
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