Trump scoring big wins with the Supreme Court
I have hit Donald Trump’s legal team pretty good in the past, but that was mostly when Alina Habba was running the show.
Since the changing of the guard, his legal team has done an exceptional job of attacking cases from a winnable perspective.
To that point, this administration has had surprising success before the Supreme Court.
Birthright Citizenship
The first example is with Trump’s birthright citizenship order.
Trump will eventually lose this case (likely), and everyone knows it, even though I love the angle he tried to attack this from, and I would love to see the GOP get the numbers in the Senate so they could actually address this.
His team did not actually challenge the lower court ruling, at least not yet, but it did challenge the authority of the court to issue a nationwide injunction.
The win will allow the order to into effect later this month, although I fully expect it to wind up before the Court again. But for now, it's a win.
Third-country Deportations
Another example was the court opening the path for Trump to deport migrants to a third-party country when the native country did not want to take the person back.
Again, this is a temporary win, but for the time being, Trump gets to act on the order.
In this case, the Court removed a lower court stay, ruling, "The motion for clarification is granted. The May 21 remedial order cannot now be used to enforce an injunction that our stay rendered unenforceable.”
Liberal justices dissented, going for the dramatic, as usual, writing, "Today’s order clarifies only one thing: Other litigants must follow the rules, but the administration has the Supreme Court on speed dial. Respectfully, I dissent. The Government seeks to nullify [basic rights] by deporting noncitizens to potentially dangerous countries without notice or the opportunity to assert a fear of torture."
Emergency Appeals
The tactic the administration is using is an emergency request for review, and Trump has filed a slew of them. So far, Trump has filed 20 emergency applications in just 23 weeks, more than previous presidents did for their entire administrations.
The difference, however, is that Trump has had more nationwide injunctions filed against him than any other president in modern history, and he, as we just stated, is only five months into his term.
Again, I try not to get too excited about these rulings because the result of the emergency application means nothing regarding the ruling that will take place when the case eventually winds up on the Court’s docket.
Having said that, it does give Trump time to put the wheels into motion to counter some of the dramatics put forth by the liberals on what will happen if these policies are allowed to be put into play. I really am rooting for Trump, especially in regard to immigration, but I am not getting too excited, at least not yet.
