While Railing Against 'Super Legislator' Judges, Sessions Praises Chhabria's ACA Ruling
In a speech at The Heritage Foundation, the attorney general said judges who have entered nationwide preliminary injunctions against President Donald Trump's policies are carrying out policy preferences, not the law.
October 26, 2017 at 02:33 PM
6 minute read
The original version of this story was published on The Recorder
U.S. Attorney General Jeff Sessions used a speech Thursday in front of a conservative think tank to criticize judges across the country who have issued rulings blocking President Donald Trump's policies.
But Sessions also used the occasion to highlight the administration's win earlier this week in a case before a federal judge in San Francisco.
U.S. District Judge Vince Chhabria of the Northern District of California on Wednesday declined to force the Trump administration to make critical payments to health insurers under the Affordable Care Act. Chhabria found that although the ACA requires insurance companies be paid, it's unclear whether Congress has actually set aside money for these payments.
“Yesterday, [Associate Attorney General] Rachel Brand came in and announced a judge in the Ninth Circuit had ruled with us on that attack on the refusal to continue to pay these monies out,” Sessions told the crowd gathered at The Heritage Foundation's biannual Legal Strategy Forum. “So that's a nice victory even on the West Coast,” said Sessions to a round of laughter.
In contrast to Chhabria's ruling, Sessions said some district court judges are making policy judgments instead of legal decisions in issuing their opinions. He said in doing so, judges have “failed to respect” elected representatives and “the prerogatives of the executive.”
“You don't start favoring one side over another,” Sessions said. “Those who ignore this duty and who follow their own policy views erode the rule of law, create bad precedent and undermine, importantly, the public respect necessary for courts to be able to function effectively.”
Sessions pointed to U.S. District Judge Nicholas Garaufis of the Eastern District of New York as a “striking example” of this phenomenon. In a hearing last month on a challenge to the administration's decision to end the Deferred Action for Childhood Arrivals program, or DACA, Garaufis said the policy was “heartless.”
Sessions told the crowd at The Heritage Foundation that Garaufis' statement was disrespectful to the executive branch and to the lawyers at the U.S. Department of Justice.
“'Heartless.' He didn't say it was unlawful,” Sessions said, to light laughter from the audience. “It is emphatically not the province or duty of the courts to say whether a policy is compassionate. That is for the people.”
That case is ongoing in Brooklyn, where Garaufis ordered a new round of briefings Wednesday.
Sessions also criticized district judges like those in Maryland and Hawaii who have taken what he said was a “dramatic step” in issuing nationwide injunctions against policies like Trump's travel ban executive orders.
“Today more and more judges are issuing nationwide injunctions and, in effect, single judges … are making themselves super legislators for the entire United States,” he said.
Sessions said this was particularly worrisome because there are hundreds of district court judges.
Said Sessions, “That makes the need for good judges to stick to the law even more important.”
U.S. Attorney General Jeff Sessions used a speech Thursday in front of a conservative think tank to criticize judges across the country who have issued rulings blocking President Donald Trump's policies.
But Sessions also used the occasion to highlight the administration's win earlier this week in a case before a federal judge in San Francisco.
U.S. District Judge
“Yesterday, [Associate Attorney General] Rachel Brand came in and announced a judge in the Ninth Circuit had ruled with us on that attack on the refusal to continue to pay these monies out,” Sessions told the crowd gathered at The Heritage Foundation's biannual Legal Strategy Forum. “So that's a nice victory even on the West Coast,” said Sessions to a round of laughter.
In contrast to Chhabria's ruling, Sessions said some district court judges are making policy judgments instead of legal decisions in issuing their opinions. He said in doing so, judges have “failed to respect” elected representatives and “the prerogatives of the executive.”
“You don't start favoring one side over another,” Sessions said. “Those who ignore this duty and who follow their own policy views erode the rule of law, create bad precedent and undermine, importantly, the public respect necessary for courts to be able to function effectively.”
Sessions pointed to U.S. District Judge Nicholas Garaufis of the Eastern District of
Sessions told the crowd at The Heritage Foundation that Garaufis' statement was disrespectful to the executive branch and to the lawyers at the U.S. Department of Justice.
“'Heartless.' He didn't say it was unlawful,” Sessions said, to light laughter from the audience. “It is emphatically not the province or duty of the courts to say whether a policy is compassionate. That is for the people.”
That case is ongoing in Brooklyn, where Garaufis ordered a new round of briefings Wednesday.
Sessions also criticized district judges like those in Maryland and Hawaii who have taken what he said was a “dramatic step” in issuing nationwide injunctions against policies like Trump's travel ban executive orders.
“Today more and more judges are issuing nationwide injunctions and, in effect, single judges … are making themselves super legislators for the entire United States,” he said.
Sessions said this was particularly worrisome because there are hundreds of district court judges.
Said Sessions, “That makes the need for good judges to stick to the law even more important.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
Auditor Finds 'Significant Deficiency' in FTC Accounting to Tune of $7M
4 minute readTexas Court Invalidates SEC’s Dealer Rule, Siding with Crypto Advocates
3 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250