1. Today was a great day for the rule of law. In Trump v. Casa, the Court handed down a 6-3 decision that federal district courts lack the constitutional and statutory authority to issue “universal” injunctions. The United States has 94 federal court districts and of 40 universal injunctions issued regarding Trump executive actions, 35 came out of 5 federal court districts. In writing for the majority, Justice Barrett was quite forward in her opinion of Justice Jackson’s dissent. Justice Barrett wrote, “We will not dwell on Justice Jackson’s argument, which is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself. We observe only this: Justice Jackson decries an imperial executive while embracing an imperial judiciary.” Ouch. Since the Supreme Court stressed that injunctions apply only to actual litigants in a particular case, Casa has already filed an emergency petition and is going the class action route. A decision regarding the birth right citizenship aspect of this case will probably not come down until October. In a 6-3 decision of Mahmoud v. Taylor, the court affirmed parents’ right to opt their children out of LGBTQ+ themed instruction. Amen and Hallelujah.
SCOTUS Decisively Ends Lower Court Assault On Trump Admin With Nationwide Injunctions
That Is a Brutal Footnote in the Supreme Court’s Ruling on Birthright Citizenship
SCOTUS Hands Down Ruling in Landmark Parental Rights Case
Supreme Court sides with parents seeking opt-outs from LGBTQ books in schools
2. Ohio Senate Bill 1, The Advance Higher Education Act, went into effect today. The law bans Diversity, Equity, and Inclusion (DEI) courses, training, and required statements; spending on DEI initiatives or programs with the same intent; and political and ideological litmus tests in all hiring, promotions, and admission decisions at Ohio’s state colleges and universities. Signature collection for a referendum petition to repeal Senate Bill 1 has fallen short to the required number of signatures.
Ohio’s controversial higher education, anit-DEI law takes effect today
Effort to repeal Ohio ban on college DEI programs, faculty strikes falls short
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