kyzr
Diamond Member
Roberts is wrong, the circuits do overstep their authority, the USSC will eventually correct.
Justice Thomas is correct that the USSC needs to limit the power of the 700 or so circuit judges that occasionally overstep their authority.
I have no doubt Thomas wants to control the power of judges. That is the conservative way, authoritarianism.
Remember, they have passed legislation on trial court judges on their sentencing power - tying the hands of the trier of fact on something they did not hear and have no understanding of, on the circumstances of the crime and of the convicted defendant(s) and/or victims.
My problem is that one judge can negate the power of the elected president. IMHO the one judge can issue an "opinion", and then it would need to be supported by a higher legal body as to constitutionality before impacting the decision of the President via an injunction. The current system of "judge shopping" hinders the President from protecting the citizens, such as by the 9th Circuit siding with migrants invading the US instead of the President protecting the US from said invasion. I hope Justice Thomas succeeds in limiting the power of circuit judges.