Courts begin restricting nationwide injunctions used by Democrats to thwart Trump executive orders

Washington Times:
The Justice Department said Wednesday it has begun distributing hundreds of millions of dollars in grant money that had been tied up in a major court battle over sanctuary cities.

Byrne Justice Assistance Grants are used by localities and police departments across the nation to pay for equipment, training, personnel or other pressing needs.

The Trump administration last year said it would condition the money on localities’ willingness to cooperate in holding illegal immigrants for pickup by federal deportation officers. Chicago sued, saying the conditions weren’t part of federal law.

A federal district judge had ruled for Chicago, but issued a nationwide injunction saying the conditions couldn’t be applied to any Byrne grants.

The Justice Department put nearly $200 million in 2017 money on hold as the case proceeded.

But on Tuesday an appeals court narrowed the ruling, saying that while the district court could decide the fate of Chicago’s practices, it couldn’t tie the hands of the entire country.
That same day Clarence Thomas in a concurring opinion upholding Trump's travel ban said that such nationwide injunctions were suspect.
"In sum, universal injunctions are legally and historically dubious," the justice wrote. "If federal courts continue to issue them, this court is duty-bound to adjudicate their authority to do so."

Some legal scholars have argued that it is improper for a single federal judge to block government action far beyond his jurisdiction except in extraordinary cases.

"These injunctions are beginning to take a toll on the federal court system — preventing legal questions from percolating through the federal courts, encouraging forum shopping, and making every case a national emergency for the courts and for the executive branch," Thomas wrote.
There can be little doubt that the Hawaii District Court judge was picked in a forum shopping effort.  He was a liberal judge and friend of former President Obama and any appeal had to go through the liberal 9th circuit.

The appeals court ruling is freeing up the Trump administration to withhold federal funds to immigration scofflaw jurisdictions who that call themselves sanctuary cities.


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