【月刊マスコミ評・新聞】予算全体像の評価が分からない社説=白垣 詔男
終わらない、終わるはずない「令和の米騒動」日本人は飢餓の時代の入口に立った
経産省前脱原発テント日誌(3/27)多くの「国民」は原発の危険性を知っている
生活保護基準引き下げめぐる裁判/画期的!行政の敗訴ラッシュ
【報告】朝日新聞社はマンスール通信員を虐殺したイスラエルに抗議を!3.28東京本社前行動に15人!
Congress Must Reject Transparent Efforts to Undermine the Courts
Earlier this week, the House Judiciary Committee passed H.R. 1526, a bill by Rep. Darrell Issa to prevent courts from issuing nationwide injunctions. This bill could receive a vote on the House floor as early as next week. Senator Josh Hawley recently introduced a similar bill in the Senate. Both bills would prohibit district courts from handing down injunctive relief orders that apply to parties that are not involved in the case.
EFF opposes both bills. We see this legislation for what it is: a transparent attempt to limit courts' ability to act as an effective check on the Trump administration’s recent flood of illegal orders and actions – some of which EFF itself is challenging. Congress should firmly oppose any effort to prevent the judicial branch from fulfilling its constitutional duty.
Indeed, this is a remedy in search of a problem. There are already well-established tests for injunctive relief: Courts must consider multiple factors, including the strength of the case against the defendant, the potential harms of granting the injunction, what other relief is available, and the public interest. As part of this analysis, courts can and do tailor the relief they grant to what they conclude is necessary to remedy the harm. Nationwide injunctions may be necessary to stop nationwide unlawful conduct. And if an injunction was improperly granted, its target can appeal to have it overturned.
To be clear, EFF doesn’t agree with every grant of nationwide relief. Courts sometimes get it wrong, often because they misinterpret the law they are asked to apply. If Congress wants to fix that kind of problem, it should draft specific legislation to reform or clarify specific laws. It should not, and cannot, rewrite our constitutional system of checks and balances just because it doesn’t like some of the outcomes.