Supreme Court decisions this year on several of President Donald Trump’s controversial policies are expected to clarify the justices' views about executive power, judicial discretion and the president’s propensity for suddenly and drastically changing longstanding policies, USA Today reported on Monday.
Trump is counting on the justices to reverse lower court losses on a wider range of issues, including immigration, border security and transgender soldiers in the military.
Already on the high court’s schedule is a dispute over the Trump administration's desire to ask about citizenship in the 2020 Census, while other cases that could be heard this year include the president’s ban on asylum seekers who enter the country illegally and his threat to withhold federal funds from “sanctuary cities” that do not cooperate with immigration authorities.
One problem Trump faces is that the Justice Department has taken the unusual step in most of these cases of seeking Supreme Court action before lower-court appeals have been concluded, which is something the high court has been loath to do.
“The executive branch is mistaken if it looks to the Supreme Court to provide a quick fix for their litigation problems," Prof. Peter Margulies of Roger Williams University School of Law told USA Today. "The Supreme Court isn’t designed to be a quick fix.”
However, the administration has won some support on one of its central arguments, which is that district court judges at the bottom rung of the federal judicial system should not be allowed to block executive actions nationwide.
For example, when a federal appeals court ruled in August against Trump's sanctuary cities policy, it at the same time admonished a lower court for blocking the policy nationwide.
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