Dhillon on Effects of SCOTUS Shift

Harmeet Dhillon

Harmeet Dhillon appears on ‘Fox and Friends First’ to discuss SCOTUS.

We have seen a trend in the courts is lower courts issuing nationwide injunctions, you see that in district court level, and then courts of appeals like ninth circuit will affirm that. That’s been particularly important in travel ban cases, in other cases where the courts and some individual cases are resisting the president’s agenda and so with another justice coming on to the court who is likely to find that that type of decision is overreaching and a single court cannot set policy and overrule the president’s agenda, that’s gonna deal a devastating blow to attempts by the lower courts to try to individually one by one stand in the way of the president’s agenda and particularly inform shopping, that’s why you see the cases being filed in San Francisco where I’m sitting right now, and not in places in the Midwest.

Dhillon Discusses Effects of Scotus Shift on Fox and Friends from Harmeet Dhillon on Vimeo.

You’re seeing these issues bubble up through the courts, the DACA case situation and what happens to the 800,000, or now about 700,000 dreamers and their relatives, that’s a critical one, the deportation cases and separation of families at the border, that’s a very hot issue right now even just yesterday there were some rulings in that and so that’s likely to come before the high court. Other cases involving citizenship questions, involving the right of the government to impose questions about citizenship on the census, these are all major issues that are bubbling their way through the courts right now that may end in front of the Supreme Court.

ObamaCare is a critical battleground in the high court because what we have seen so far is last year in October the Trump Administration announced that it was going to be no longer enforcing a critical part of the ObamaCare ruling, which is sort of refunding insurance companies for providing subsidies to lower-income Americans to purchase these plans and what’s bad about this for the insurance companies is they are required under ObamaCare to continue to give the subsidies but they aren’t going to get reimbursement which is causing them to raise rates around the country. The initial fore into trying to challenge in courts here in San Francisco actually failed. A judge here in San Francisco appointed by Obama said that “No, the president does have the right to do this.” So now that’s going up its way through the courts and is likely to end up in front of the Supreme Court and Justice, Judge, maybe Justice Kavanaugh has actually already commented on the issue of various portions of ObamaCare and so it’s going to be interesting to see how as a justice he then interprets again whether the president can sort of pick and choose and have certain parts of it apply and certain parts not, which may cause the whole system to collapse.

This is another critical area that’s begin to go see dismantling under the existing court with Justice Gorsuch there. The EPA has basically, over the years, particularly under liberal administrations, but even under conservative ones, gradually made a lot of law without Congress passing these laws. So for example, declaring, you know, certain farmland as waters of the United States because there’s a little furrow there where the tractor goes, you know, over-regulation with respect to endangered species, drilling for coal on public lands, things like this. With the impending end of what’s called Chevron deference, which is the high court and lower court’s deference to administrative agencies, like the EPA’s determination of certain laws, that’s going to be critical. That’s really the biggest battleground that the left is most freaked out because predictable vote that he would be no on Chevron deference.

Harmeet Dhillon is a nationally recognized lawyer, trusted boardroom advisor, and passionate advocate for individual, corporate and institutional clients across numerous industries and walks of life. Her focus is in commercial litigation, employment law, First Amendment rights, and election law matters.
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