White House calls for fix in federal courts

The White House is calling for a fix in the nation's court system to prevent a single district judge from controlling policy nationwide. As it is, one lower-court judge can issue a nationwide injunction that effectively overrules a decision by an appeals court. The issue arose this week when the 9th U.S. Circuit Court of…

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The White House is calling for a fix in the nation's court system to prevent a single district judge from controlling policy nationwide.

As it is, one lower-court judge can issue a nationwide injunction that effectively overrules a decision by an appeals court.

The issue arose this week when the 9th U.S. Circuit Court of Appeals overturned two lower court injunctions in which judges had ruled that the Trump administration should not be allowed to enforce a new rule regarding immigrants.

The National Review reported the Trump administration adopted the rule implementing a statute passed by Congress stating any alien who "is likely at any time to become a public charge is inadmissible."

A "public charge" is an immigrant likely to require government assistance, such as food stamps or Medicaid.

The White House said the new regulation "replaced guidance issued by the Clinton administration in 1999 that had unduly narrowed the federal statute."

"The Ninth Circuit has rightly recognized the administration's authority to adopt an interpretation of the 'public charge' restriction more faithful to and consistent with the scope of the statute passed by Congress."

However, the White House said, "as a practical matter, the ruling has accomplished nothing to vindicate the rule of law due to the destructive practice of individual district judges taking over national policy issues by issuing nationwide injunctions."

"Although the Ninth Circuit lifted the two injunctions issued by district courts within the Ninth Circuit, two other nationwide injunctions have been issued by individual district judges in New York and Maryland – and those orders prevent the regulation from being applied anywhere – even in the Ninth Circuit."

The White House said that nationwide injunctions "give any district judge the power to tell a panel of a federal court of appeals that its ruling does not matter and that it cannot affect the actual implementation of the law."

"Such subversions of the rule of law must come to an end. The judicial system must address the grave danger that nationwide injunctions present and ensure that district courts do not grossly overstep the role the founders intended in our careful system of checks and balances."

National Review noted the Trump administration had moved to restrict the number of new immigrants who would require such assistance, but several courts blocked the rule in October before it could take effect.

Judges Jay Bybee and Sandra Ikuta, both appointed by George W. Bush, pointed out that the phrase "public charge" has been interpreted in different ways and the executive branch has the authority to interpret it.

"Whether the change in policy results from changing circumstances or a change in administrations, the wisdom of the policy is not a question we can review."

Bybee noted that Congress could have passed immigration legislation that would resolve the issue.

"We have seen case after case come through our courts, serious and earnest efforts, even as they are controversial, to address the nation’s immigration challenges. Yet we have seen little engagement and no actual legislation from Congress," he said.

"It matters not to me as a judge whether Congress embraces or disapproves of the administration’s actions, but it is time for a feckless Congress to come to the table and grapple with these issues."

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