The Supreme Court puts border judges back in their lane



For years, America’s immigration policy has been determined less by the elected branches of government than by a handful of federal district judges. Presidents proposed policies, Congress enacted statutes, and almost inevitably, a single judge somewhere in the country would issue an order purporting to suspend those policies nationwide.

That era may finally be drawing to a close.

Federal judges possess neither the democratic legitimacy of Congress nor the political accountability of the president.

The Supreme Court’s two immigration decisions issued last week mark an important turning point — not simply because they uphold significant Trump administration immigration policies, but because they reaffirm a more fundamental constitutional principle: Immigration policy belongs primarily to the political branches, not the judiciary.

The court’s decisions addressed different questions: Mullin v. Doe concerned the executive’s authority over Temporary Protected Status, while Mullin v. Al Otro Lado involved the government’s ability to regulate when and how aliens arriving at the border may invoke asylum procedures.

Both opinions reject the increasingly common assumption that federal judges may freely substitute their policy preferences for those of Congress and the president in matters of immigration.

That conclusion should surprise no one familiar with the Constitution or with the current court’s commitment to adhere to its original meaning.

Article I gives Congress authority over naturalization and immigration. Article II charges the president with faithfully executing the immigration laws and conducting the nation’s foreign affairs. The judiciary’s role is different. Courts are supposed to resolve concrete legal disputes — not make immigration policy. For too long, however, that distinction has been blurred.

Beginning during the first Trump administration and accelerating in recent years, nationwide injunctions or nationwide class actions have become the preferred weapon of litigants seeking to defeat executive policies with which they disagree. A single district judge can effectively veto the actions of the elected branches for the entire nation, often within days of a complaint being filed and long before appellate review. Nothing in the Constitution contemplates such extraordinary judicial power.

Federal judges possess neither the democratic legitimacy of Congress nor the political accountability of the president. Their authority extends only to deciding the cases before them and granting relief necessary to protect the specific parties before the court. They were never intended to function as a continuing supervisory council over every major policy dispute in the country. Last week’s decisions reflect a welcome recognition of that important constitutional principle.

Immigration, perhaps more than any other area of law, requires political judgment. Decisions concerning border security, humanitarian protection, foreign relations, labor markets, and national sovereignty inevitably involve competing policy considerations that courts are poorly equipped — and constitutionally unauthorized — to balance.

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Reasonable people may disagree about how policy judgments in the area of immigration should be resolved. Americans have long debated the proper scope of asylum protections, the wisdom of Temporary Protected Status, and the best means of securing the southern border.

But under our constitutional system, such decisions are supposed to occur in Congress, at the White House, and ultimately at the ballot box — not through nationwide decrees issued by unelected trial judges.

Critics will undoubtedly portray the Supreme Court’s two rulings as victories for one political party or another. That misses the larger point. The real winner is the constitutional separation of powers.

When courts respect the limits of judicial authority, they strengthen rather than weaken the rule of law. Judicial modesty is not judicial abdication. Courts remain fully empowered to decide actual cases, interpret statutes, and enforce constitutional guarantees. What they are not empowered to do is assume responsibility for making national immigration policy, a distinction that protects everyone.

The precedents the Supreme Court established will not apply only to Republican presidents or conservative policies. They will constrain future courts considering the actions of Democrat administrations as well. Constitutional principles endure precisely because they are not dependent upon agreement with the policy of the moment.

The framers deliberately divided governmental power among three separate branches because concentrated power is dangerous regardless of who exercises it. Judicial overreach is no less inconsistent with constitutional government than executive overreach or legislative overreach.

The Supreme Court’s decisions on immigration represent an encouraging course correction. They remind lower courts that judges are not policymakers. They reaffirm that immigration decisions belong principally to the elected branches. And they take another step toward restoring the proper constitutional balance among the three branches of government.

That is good news not only for immigration policy, but also for the Constitution itself.

Editor’s note: This article appeared originally at the American Mind.

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Ketanji Brown Jackson melts down over SCOTUS ruling against Hawaii gun law: 'The court's objective is protecting guns'



The U.S. Supreme Court ruled four years ago in New York State Rifle & Pistol Association Inc. v. Bruen that the Second and 14th Amendments protect Americans' right to carry handguns outside of their homes for self-defense.

Hawaii Democrats came up with an apparent workaround to curb gun rights in their state, passing a law in 2023 that banned the carrying of guns onto private property without verbal or written consent of the property owner. Those who ran afoul of this law faced up to a year in prison.

'Hawaii's law does not restrict the right to carry a gun at all,' Jackson wrote.

This didn't sit well with a trio of Maui County residents with concealed-carry permits who, with the Hawaii Firearms Coalition, sued on the basis of the understanding articulated again by Solicitor General D. John Sauer last year: "Because most property owners do not post signs either allowing or forbidding guns, Hawaii’s default rule functions as a near-complete ban on public carry."

To the great chagrin of liberal Justice Ketanji Brown Jackson, the Supreme Court determined in a 6-3 ruling on Thursday that Hawaii's so-called "vampire law" is unconstitutional.

The court, which reversed a 2024 decision from the San Francisco-based 9th Circuit Appeals Court, noted that law-abiding permit-holders "not only must ... take care to avoid all the territory where the possession of a gun is prohibited outright, but they may also be barred from entering many places that people routinely visit in the course of their daily routines, such as gas stations, restaurants, and stores."

While recognizing the right of establishments that are open to the public "to admit or exclude persons who are carrying guns for self-defense under either the common-law rule or Hawaii’s law," the court noted that the so-called vampire law "flips the default rule at common law, under which anyone has an implied license to enter property held open to the public unless the property owner withdraws consent."

Justice Samuel Alito noted in the opinion that the "regime" established in Hawaii "hobbles what the Second Amendment protects: the right of Americans to carry arms for self-defense as they go about their daily lives."

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Jackson was once again of a different mind than her conservative colleagues on the meaning of the "right to bear arms."

At the outset of her dissenting opinion, which was joined by Justice Sonia Sotomayor, Jackson framed — in Orwellian fashion — Hawaii's infringement on Americans' constitutional rights as an effort to "protect the rights of its residents — both those who wish to carry guns and those who prefer that guns are not carried on their private property without their express permission."

Jackson —who repeatedly stressed that she still disagrees with the decision in Bruen, calling it a "grave mistake" — claimed that "the court's objective is protecting guns, not consistently preserving any principle of law."

According to Jackson, the vampire law that effectively requires law-abiding citizens to everywhere obtain consent before exercising their Second Amendment right not only "does not implicate the Second Amendment" — "Hawaii's law does not restrict the right to carry a gun at all."

The liberal justice apparently assigns state law and custom greater weight than federal law on the matter of guns, stressing that "recognizing state autonomy in this respect is especially appropriate here, since Hawaii has never had a custom of armed carry."

Jackson concluded her 32-page dissent with yet another attack on her colleagues, writing, "While purporting to constrain judges, the majority has unmasked the discretionary choices that lie beneath the court’s decisions regarding which analogues are 'vastly different' ... and whose historical experiences are worthy of inclusion."

Justice Elena Kagan wrote a separate dissenting opinion.

This ruling will reportedly impact a handful of blue states, including New York, Maryland, and California, which took a similar approach to Hawaii.

John Commerford, executive director of the National Rifle Association's Institute for Legislative Action, said of the outcome, "Law-abiding gun owners will no longer be forced to beg for special permission simply to exercise their constitutional right to bear arms in public places."

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Federal judge strikes down Trump's key H-1B proclamation



Last September, President Trump issued a well-received proclamation intended to discourage the continued use and abuse of the now very well-known H-1B program. The policy, however, has hit a roadblock in the courts.

On Monday, a federal judge ruled that Trump's $100,000 H-1B visa sponsor fee is unlawful.

'They're hurting our country very badly.'

U.S. District Judge Leo Sorokin, appointed by Obama in 2014, ruled that the $100,000 fee violates the Administrative Procedure Act and the Constitution.

Judge Sorokin of the U.S. District Court of Massachusetts argued that the policy is effectively a tax, and Congress had not clearly delegated the prerogative of levying it to the president. The judge agreed with the states that "the substance and application of the $100,000 payment reveal that it is a tax."

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The lawsuit was brought in December by 20 states, many of which are led by Democrats and which draw heavily from the H-1B program.

“Every day, thousands of people with H-1B visas serve New Yorkers as doctors, teachers, and other skilled workers,” Democratic New York Attorney General Letitia James, whose state was among those who brought the suit, told CNBC.

“Today a court put an end to this administration’s illegal attempt to destroy this critical program and the many jobs it makes possible,” James said.

When asked for a response to the ruling, Trump told a reporter, “These federal judges are really giving us a hard time.”

“It’s really crazy what’s going on with the court system,” Trump added, according to CNBC. “They’re hurting our country very badly.”

The Trump administration intends to appeal the decision and expects it to be reversed.

In a statement to Reuters, White House spokeswoman Taylor Rogers said, "President Trump has clear legal authority to restrict entry of any class of aliens he determines is not in America’s best interests, and that is ⁠exactly what he did."

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Ranked-choice voting’s losing streak gets longer



It has been a dismal year for ranked-choice voting.

RCV allows voters to rank candidates instead of choosing one. It then runs multiple rounds of counting, adjusts rankings, and discards “exhausted” ballots to determine a winner.

Lawmakers, courts, cities, and voters are increasingly rejecting a system that makes elections harder to understand and easier to distrust.

Two states have already banned it. One state’s pilot program was phased out. A statewide ballot proposal failed to qualify. Several city councils rejected it. A state supreme court struck down an expansion bill. And the year still has months to go.

The states that banned RCV this year were Indiana and Ohio. The Ohio legislature first introduced a ban in 2023. It passed the Senate but not the House. This year, lawmakers passed it through both chambers on the second attempt, with Sens. Theresa Gavarone (R) and Bill DeMora (D) leading the effort. Republican Gov. Mike DeWine signed the bipartisan bill into law in February.

Indiana acted even faster. Lawmakers introduced a similar ban and enacted it two months later. The legislation reflected growing concern that RCV makes elections less transparent and harder for voters to trust.

“It is important to ensure Indiana’s voting system is secure and accurate for Hoosier voters. Having to rank each candidate could end up being a vote against the voter’s intended candidate, creating confusion and frustration, which is why we need this law in place,” said state Sen. Blake Doriot (R), the bill’s sponsor.

RCV supporters also suffered a setback in Utah, where the pilot program ended this year. Before the program closed, more than 20 cities tried it, but supporters never moved the state toward broader adoption. Multiple cities dropped out before the program ended.

In Michigan, Rank MI Vote’s RCV ballot proposal fell 200,000 signatures short of qualifying. RCV donors can find one consolation: At least they will not have to spend millions on another failed ballot measure, as they did in six states in 2024.

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Albuquerque, New Mexico, also rejected RCV. The city council voted it down 6-3. The bill’s sponsor claimed switching from the current runoff system would save money, but the proposal failed because of concerns over system upgrades, staff training, and a long public education campaign. Similar proposals also failed in Vista, California, and Appleton, Wisconsin.

The District of Columbia offers another warning. Voters approved RCV, but the city has struggled to prepare for implementation. District residents will use the system for the first time in June, and a recent Opportunity D.C. survey found that 43% of voters remain unaware of the change. To address the confusion, the Board of Elections is spending $50,000 to educate voters.

D.C. Councilmember Wendell Felder introduced emergency legislation to delay implementation until 2027. The bill failed, so voters and election workers will have little time to prepare.

Finally, an effort to expand RCV in Maine was struck down in March when the state Supreme Judicial Court ruled the bill unconstitutional. Because the Maine Constitution requires a plurality for state elections, RCV remains limited to federal elections.

Every year, ranked-choice voting’s backers promise simplicity, fairness, and reform. This year showed the opposite. Lawmakers, courts, cities, and voters are increasingly rejecting a system that makes elections harder to understand and easier to distrust.