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>an action violates the U.S. Constitution in one district but not another. aren't those cases the point of the Supreme Court? when districts conflict it goes t
by chasd00 1y ago
>an action violates the U.S. Constitution in one district but not another.
aren't those cases the point of the Supreme Court? when districts conflict it goes to the Supreme Court.
- Tadpole9181 1y agoDistinctly no, this is in the dissent. That requires an appeal from the government and for SCOTUS to pick up the case in a reasonable time. Now the government can choose to "lose" in some places and let the injunction stand. Then, in all other locations in the country, the constitution of the United States is quite literally different in perpetuity. And it's not even by-locality, sans cases brought by a state government. SCOTUS has defined injunctions as by-litigant. So now two babies born next to each other in the same hospital to visa parents can have different naturalization statuses based on if those parents had sued in the right district court or not. This makes US law effectively intractable. The only natural resolution then is to visit Obergfell - the gay marriage case that the current SCOTUS majority has harped against for years in their rulings - and resolve the conflict by appealing to the federal nature of the law & enforcement, revoking citizenship of even those with an injunction. In another comment I've gone into detail on exactly how the federal government can force that case to the SCOTUS.