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Reason
Reason
Politics
Josh Blackman

The Supreme Court Is Supreme, And The Inferior Courts Are Inferior

Trump v. CASA is one of the Supreme Court's most important decisions about the powers of the Supreme Court. It ranks up there with City of Boerne v. Flores, Cooper v. Aaron, and maybe even Marbury v. Madison. To be clear, CASA was not a ruling about the Article III powers of the lower courts. Justice Barrett was quite clear the Court was only ruling based on whether the Judiciary Act of 1789 permitted universal injunctions.

Our decision rests solely on the statutory authority that federal courts possess under the Judiciary Act of 1789. We express no view on the Government's argument that Article III forecloses universal relief.

CASA also did not directly discuss the Article III powers of the Supreme Court in particular. Instead, the majority seemed to accept the premise of judicial supremacy, at least based on the Solicitor Generals' representation. By contrast, Justice Kavanaugh embraced it wholeheartedly. In short, the Supreme Court is Supreme, and the inferior courts are inferior. Or, mi CASA no es su CASA.

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