PRESIDENTIAL NONACQUIESCENCE IS ITSELF A CHECK ON JUDICIAL OVERREACH, ALBEIT ONE THAT SHOULD BE USED RARELY:
“No! You can’t just defy judges. It’s unprecedented!”
The precedent: pic.twitter.com/pieT2zjOQg
— Still Boneless (@still_boneless) March 16, 2025
👏👏👏”Non-acquiescence” is on the table (or in the air) for the first time in 160 years —since Merryman— pushed by a radical district court judge ruling, one that the D.C. Circuit can reject out of hand. Or the circuit can send up to SCOTUS stat. I hope the planes can be… https://t.co/3qtjtO6f7F
— Hugh Hewitt (@hughhewitt) March 16, 2025
When Ex Parte Quirin was before the Court, President Franklin Roosevelt warned them that he would not turn over the captured German saboteurs to some U.S. Marshal with a habeas order. The Court then declined to issue one.
I do think that if John Roberts is as concerned about the institutional future of the federal judiciary as he says he is, something needs to be done to rein in these rogue district judges.
It’s pretty clear at this point rogue judges, not the Trump admin, are posing a threat to rule of law.
SCOTUS needs to acknowledge this and reassert the judiciary’s role—best way to do that IMO is require TROs to be done by a three judge panel w/ expedited SCOTUS review.
— Mark Hemingway (@Heminator) March 16, 2025