I’m not happy about this either, but let’s just make sure we’re all on the same page here:
They ended the ability of the Judiciary to check the Executive.
No, they ended the ability of the lower courts to check the executive nationwide. The supreme court can still check the executive (and the US Court of Appeals?).
Now I’m trying to figure out if the lower courts can still check the executive, but only in their respective areas, or if they can make a decision, but it has to be confirmed by (at least?) the court of appeals.
It looks like a lower court can still request to check the executive, but the higher courts will need to grant it. At least according to Kavanaugh’s opinion:
the courts of appeals and the Supreme Court will inevitably weigh in on district court decisions granting or denying requests for preliminary injunctions.
Yes, let’s make sure we’re on the same page. You’re talking about theory, I’m talking about practice - which, in theory, are the same. In practice, however…
I’m not happy about this either, but let’s just make sure we’re all on the same page here:
No, they ended the ability of the lower courts to check the executive nationwide. The supreme court can still check the executive (and the US Court of Appeals?).
Now I’m trying to figure out if the lower courts can still check the executive, but only in their respective areas, or if they can make a decision, but it has to be confirmed by (at least?) the court of appeals.
From what I’m reading here: https://www.scotusblog.com/2025/06/supreme-court-sides-with-trump-administration-on-nationwide-injunctions-in-birthright-citizenship-case/
It looks like a lower court can still request to check the executive, but the higher courts will need to grant it. At least according to Kavanaugh’s opinion:
Yes, let’s make sure we’re on the same page. You’re talking about theory, I’m talking about practice - which, in theory, are the same. In practice, however…
Oh, in practice it’s been dead for decades.