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The Washington Times

Blockbuster Term: Justices could determine limits of courts’ ability to check Trump administration


"...Lower appeals courts have taken a skeptical view of Mr. Trump’s policy, which restricts admission of citizens from a number of countries that don’t fully cooperate with U.S. travel policies, but the justices seemed more open to the policy during oral argument.

Curt Levey, president of the Committee for Justice, said a win for Mr. Trump will also send a message to the district courts against the issuance of nationwide injunctions against the president’s policies.

'If the court rules for Trump, it will send a message to the lower courts that it is unacceptable for them to join the resistance no matter what they may think about the president’s motives,' Mr. Levey said. The travel case, known officially as Trump v. Hawaii, is one of 29 rulings the justices are expected to deliver by the end of June, when the 2017-2018 session concludes...

...Mr. Levey said Justice Gorsuch could be the deciding factor in many of the pending high-profile cases. The early signs are that the court has become more conservative since he filled the seat of the late Justice Antonin Scalia.

Two years ago, after Scalia’s death but before Justice Gorsuch’s appointment, the court deadlocked 4-4 on a case involving whether public-sector labor union members can be required to pay dues that the unions then spend on their political goals.

Now another such case is back before the court. Mark Janus, a government employee in Illinois, says he is forced to pay union dues that subsidize speech with which he disagrees.

Mr. Levey said this case could be a major setback to public unions and their ability to spend money advancing their agendas if the court, with Justice Gorsuch, sides with Mr. Janus..."

Read more in The Washington Times.

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