The ninth circuit court system is completely unworkable and a farce on the justice system of America.
The Trump administration appears to agree, since they just announced that they will be appealing the district court judge William Alsup’s DACA opinion to the Supreme Court.
Now they will still be appealing to ninth circuit judges, but given their past abuse and repeated overreaches, the administration is taking no chances for a long, drawn out court battle that will eventually reach the Supreme Court anyway.
This is yet another case where a district court judge issued a nationwide injunction for a local case. The use of nationwide injunctions by supposedly limited district courts has been a disastrous trend in a system that has seen an already out of control judiciary get worse.
For a district court judge saying that the President of the United States is supposed to continue an illegal executive order because of some tweets and campaign statements is insane at best. Not only that, but the judge has decided that every other jurisdiction should be bound by his ruling.
Does anyone else see a problem with this? It is shades of a judicial dictatorship.
Jeff Sessions agrees:
“It defies both law and common sense for DACA—an entirely discretionary non-enforcement policy that was implemented unilaterally by the last administration after Congress rejected similar legislative proposals and courts invalidated the similar DAPA policy—to somehow be mandated nationwide by a single district court in San Francisco.” [emphasis added]
The Trump administration will be filing with the Supreme Court later this week after they filed for an appeal to the ninth circuit today.