The Supreme Court began its November sitting this week in what is already shaping up to be a blockbuster term, both on the regular oral argument docket and the emergency docket. The latter has taken on huge significance as lower federal court trial judges in forum-shopped district courts have issued an unprecedented number of nationwide injunctions against President Trump’s executive actions.
I say “forum-shopped” because a large number of the roughly 400 cases that have been filed against the administration since January 20 have been brought in jurisdictions in which all (or nearly all) of the judges were appointed by Democratic presidents. All 11 of the sitting active judges on the U.S. District Court for the District of Massachusetts, for example, were hand-picked by Democrats—one by Bill Clinton, five by Barack Obama, and another five by Joe Biden. The five judges serving on the First Circuit Court of Appeals, which oversees that court, are likewise entirely stacked with Democratic appointees—three by Obama and two by Biden.
Even before the term began on the first Monday in October, the Supreme Court was already checking what increasingly appears to be rogue rulings by anti-Trump lower court judges who are essentially second-guessing the president’s executive decisions dealing with foreign aid and other spending cuts, deportations, federal law enforcement, and administrative agency personnel firings—all core areas of executive authority.