designed to radically reduce access to medication abortion across the country. It’s one of many high-profile disputes that were manufactured through careful judge-shopping: The plaintiffs filed their case before a hand-picked Trump appointee, Judge Matthew Kacsmaryk, and guaranteed that any appeal would go straight to the far-right U.S. Court of Appeals for the 5Circuit.
Dahlia Lithwick: Let’s turn to Justice Neil Gorsuch, who took a lengthy pause during oral arguments to complain about Judge Matthew Kacsmaryk and the “rash of universal injunctions” that seem to be originating from district courts in—surprise!—the 5Circuit then upholds. These huge, sprawling, nationwide injunctions then create a set of deeply embarrassing emergencies at the Supreme Court.
But He complained about nationwide injunctions under Trump, when Democratic appointees were issuing them against Trump’s policies. But then Biden came into office, a bunch of Trump judges started issuing nationwide injunctions against Biden’s policies, and Gorsuch went silent for a while. It was almost as if he wanted to let these slide for a minute to punish Biden, to send him a message and make him feel the pain.At this stage, though, it’s too much for him.
It is a deeply strange way for the federal judiciary to be doing business. We are seeing these bizarre slapbacks between jurists who are supposed to defer to the Supreme Court, rather than continuously embarrass themselves and smash cases onto the Supreme Court’s docket.
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