P J Media
On Monday, the Supreme Court allowed the Trump administration’s public charge rule to go into effect, striking down a nationwide injunction from a New York judge. The rule allows the government to deny green cards to immigrants who receive public assistance and are therefore considered a “public charge.
In addition to the 5-4 decision allowing the rule to go into effect, Supreme Court Justice Neil Gorsuch issued a concurring opinion rebuking activist judges and their rush to apply “nationwide injunctions” against Trump administration policies.
“Today the Court (rightly) grants a stay, allowing the government to pursue (for now) its policy everywhere save Illinois. But, in light of all that’s come before, it would be delusional to think that one stay today suffices to remedy the problem. The real problem here is the increasingly common practice of trial courts ordering relief that transcends the cases before them. Whether framed as injunctions of ‘nationwide,’ ‘universal,’ or ‘cosmic’ scope, these orders share the same basic flaw—they direct how the defendant must act toward persons who are not parties to the case,” Gorsuch wrote. More