Comment by rtkwe
21 hours ago
The ruling only has binding precedent in the 5th Circuit, other circuits aren't bound to follow it. Formerly this kind of ruling would come with a nationwide injunction to force the issue but now that those are severely curtailed by the Supreme Court it's only binding to the courts under the jurisdiction of the 5th circuit.
Decisions in other circuits can be very persuasive to other circuits but they're not required to agree the same way a Supreme Court ruling is binding. Circuit splits are moderately common and usually trigger a review by the supreme court if an appeal wasn't filed for the earlier decisions.
Nationwide injunctions are a very recent legal innovation -- as in, extremely rare until the 2000s, and uncommon until the 2010s.
They were not how this situation was handled for nearly all of the existence of the United States.
https://en.wikipedia.org/wiki/Nationwide_injunction
Seems like a perfectly valid one. If the government is violating the constitution or a persons rights why should there be suits all across the country to get that recognized? Especially when the question isn't on something with a lot of particularized tests that's sensitive to the exact case, eg 4th amendment law? Why should rights be so dependent on someone in my particular part of the country having sued?
> If the government is violating the constitution or a persons rights why should there be suits all across the country to get that recognized?
Because one judge in one county shouldn't be defining the laws for the whole country? Sure it's great when they issue a ruling you like, but what about when it's a ruling that you don't. If it's a knife-edge situation then letting several judges rule and having the supreme court sort it out is the right thing; if there's an obvious right answer then every court will rule the same way and it doesn't matter.
> Why should rights be so dependent on someone in my particular part of the country having sued?
Your rights are always dependent on your willingness to sue to defend them. It's nice if someone else does the legwork and sets the precedent, but you shouldn't depend on that.
On the other side, why should one crazed/corrupt judge in some state which has nothing to do with me be able to infringe on my freedoms and make my life worse? Worse, why is it possible to jurisdiction shop for the single bad actor and impose your will on the entire country?
You're not wrong, but (like most issues in a 350M-person country) it's complicated. The system is tailored to some expected level/type of corruption and bad actors. If you expect that the government is basically fine and that out of 50M people per region surely somebody will file suit if the issue is important then the current system makes a lot of sense. You get judges with more knowledge and awareness of your local issues, anything important still gets addressed, and you're resilient to some degree of random bad judges and bad actors. If those expectations are out of whack then you get worse outcomes.
In reality, the world is complicated enough that even boiling down the lists of judges and whatnot to that simple of a description is misleading at best. Neither solution is anywhere near optimal by itself. So...what next?