My question is why can’t the Trump administration file counter suits in jurisdictions with Republican friendly judges to overturn the injunctions of the liberal judges. Can that even be done? I’m no legal expert, but can’t they fight fire with fire?
That would be called a collateral attack and does no good. They can't preemptively file because there is no dispute ripe for adjudication since no one complained of injury.
There is one legit challenge and thats pushing it through the courts. That will be way more effective if they out these corrupt judges.
I've asked that several times on here in the last month or so.
I apologize in advance for this long post, but this is how it seems to have come together.
The reason for these lawsuits are to bog down the administration in order to slow down Trump's agenda. If you read my previous comment regarding tariffs, the clock is ticking quickly as we are 18 months out from the midterms. Presidents normally lose majorities during midterms, the Senate should be safe if not gain a seat or 2, but the House is very at risk. Thus Trump needs his agenda going at full speed in order for the economy to have time to turn around and the fruits of his executive orders to shine.
All of these judges are ordering TRO's, temporary restraining orders. TRO's are placed into effect until a preliminary injunction hearing is set. Preliminary injunctions run until the end of the lawsuit. This is important.
Preliminary injunctions can be immediately appealed to the Court of Appeals. However, there is no right to appeal a TRO. It is NOT random that all of these judges are granting TRO's which contain detailed, grandiose, and burdensome language to delay the issuance of a date for a preliminary junction to be heard.
Secondly many of these cases are likely filed in the wrong courts with judges that are overreaching.
1. Lack of Standing - many of the "plaintiffs" do not have a clear, direct injury. Advocacy groups and State Attorney Generals are not specifically harmed, thus these courts lack jurisdiction over speculative or generalized grievances.
2. Improper Venues, basically court shopping. Cases are obviously being filed with specific judges with left leaning ideologies. Cases are normally required to be filed where the policy was enacted or where the injured party resides.
3. Judicial Overreach - Local District Courts lack jurisdiction to issue broad, nationwide injunctions.
The thing is, they do not care. They know they will be overturned once preliminary junctions have to be filed. Their goal is not to win. The strategy is to delay.
Over 150 lawsuits have been filed against the administration to date. This is a premeditated strategy to stall the President's agenda and prevent any progress so that he is at a major disadvantage when the midterms roll around and if he loses the House he becomes a lame duck President his final 2 years.
Trump wants to avoid the dictator accusations and not usurp the courts, he knows he will likely win all of these on appeal. However, he cannot speed up the process. Congress is offering zero help and John Roberts is a snake.
I feel for Trump, his entire 1st Term he was attacked from Day 1 by frivolous impeachments, the media, Congress, the deep state and his own administration. This term he has the House and Senate, he fired as many enemy bureaucrats as possible and now the Left has resorted to weaponizing the judiciary.
These tactics only harm the American people, I see them as traitorous.