The Constitution of the United States endows the judiciary with specific and circumscribed powers. There was to be one Supreme Court. There were also to be lesser courts as ordained by Congress when necessary. In both cases, judges were tasked with resolving controversies by interpreting and applying written legislation. Today’s judiciary has instead tasked itself with arbitrating and enforcing a personal moral vision that only gestures at the Constitution and the law as a matter of convention.
Consider the reaction among federal judges to the U.S. Supreme Court’s recent decision in Trump v. CASA, Inc. In a 6-3 split, the SCOTUS majority delivered a stunning rebuke of “universal injunctions,” one of the key means of overreach available to federal judges. But Justice Samuel Alito warned that the universal injunction might “return from the grave” if rogue courts abused one loophole available to them. In less than two weeks, judges around the country have seized on this loophole and others to circumvent SCOTUS. These judges aren’t just flouting President Donald Trump’s orders. They’re staking out the authority to govern from the bench.
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