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Re: SCOTUS Zig-Zags on National Injunctions Vs. Democracy, Birthright Citizenship

By: monkeytrots in GRITZ | Recommend this post (0)
Fri, 16 May 25 6:42 AM | 7 view(s)
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Msg. 08392 of 08409
(This msg. is a reply to 08391 by De_Composed)

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>>> The SCOTUS can rule that what those courts have done is outside the realm of an "inferior" court.

Yes, they COULD rule that way. However they would have to rely on the 'establishing legislation' to back that opinion up. And that is the lynch pin they are lacking for legitimately making that ruling. Only Congress can do so.

Yes, they have recently ruled that a particular 'inferior court' lacked jurisdiction on a particular case, BUT ONLY because the enabling legislation for those 'inferior courts' showed that jurisdiction (for that case alone) belonged to a DIFFERENT 'inferior court'.




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The above is a reply to the following message:
Re: SCOTUS Zig-Zags on National Injunctions Vs. Democracy, Birthright Citizenship
By: De_Composed
in GRITZ
Fri, 16 May 25 6:38 AM
Msg. 08391 of 08409

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Re: “The structure, jurisdiction, and number of these lower courts are left to Congress's discretion.”
Good catch. Congress can set up as many lower courts as it wants, but they're inferior. The SCOTUS can rule that what those courts have done is outside the realm of an "inferior" court. The excerpt you've provided seems to back THAT up.





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