This particular stay is aimed at the United States Court of Appeals for the Second Circuit and the several courts over which the Second Circuit exercises appellate jurisdiction.
But Justice Thomas, joined by Justice Gorsuch, took the opportunity to slap the **** out of every global injunction happy United States District Judge in the country.
However, a brief aside to address the topic at hand on the merits. This concerns Trump’s “public charge” rule. This rule denies immigrants who either are or are likely to become public charges if admitted to the United States. This is the case for the vast majority of countries on the planet. These countries require that you show that you are capable of being self supporting. Absolutely nothing wrong with this rule and the Trump administration did properly observe the public commenting requirements of the Administrative Procedures Act.
Back to Justice Thomas’s smack down. His statement was absolutely and properly running over with contempt for the abuse of global injunctions by United States Districts that far exceed the scope of the case or the scope of the plaintiffs bringing the case.
I agree fully with Justice Thomas. An injunction should not exceed what is absolutely necessary to protect the plaintiff or plaintiffs bringing the case. Also, there are plaintiffs involved here who have not shown Article III standing in the slightest and instead of any injunction, these particular cases should be dismissed for lack of Article III standing.
I think the Supreme Court is very close to formally weighing in on this decision and permanently neutering the ability of lower courts to issue over broad injunctions.
The Ninth Circuit has already overturned injunctions in their jurisdiction on the grounds that the government is likely to succeed on the merits.