Lower courts in the United States have been warned to carefully adhere to the law by the U.S. Supreme Court (SCOTUS), which has used recent rulings to caution some courts about having an unfair bias against the Trump administration.
The Daily Caller reports:
The justices have issued several fairly extraordinary orders in cases involving the Deferred Action for Childhood Arrivals (DACA) program and the latest iteration of the travel ban, which deals rather harshly with trial courts in California, Hawaii and Maryland.
The DC notes that the SCOTUS was split 4-5 along “ideological lines” regarding the number of documents the government must release in connection with a DACA lawsuit. After a federal court in California ordered the Trump administration to release all documents that relate to a decision to end the veiled Obama-era amnesty program, all the justices agreed that the order was “overly broad” and that the breadth of the order was not proper.
“The government makes serious arguments that at least portions of the district court’s order are overly broad,” the Supreme Court’s ruling reads, adding that the lower court should have allowed the government to temporarily shield the documents as they were resolving arguments about their continued concealment.
According to the DC, Justice Stephen Breyer noted in a Dec. 8 dissent that it isn’t normal for the SCOTUS to be involved with evidentiary matters from lower courts.
The fact that the SCOTUS was involved at all suggests some of the justices may see the lower courts as having acted without impartiality, according to the DC, which notes that the Court also showed impatience with the lower court hearing challenges to the travel ban.
In early December, the SCOTUS overturned two lower courts’ decisions to bar the enforcement of Trump’s travel ban. While Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented, the DC says the rulings were “terse and straightforward, suggesting the Court sees little ambiguity in the cases,” with little to argue about.
Furthermore, the rulings also admonish the lower courts to “render [their] decision with appropriate dispatch,” language reportedly considered “highly unusual in a Supreme Court order.”
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