AJ: Actually, i did post in relation to one District Judge in the 6th Circuit imposing some national ban enforcement of an EPA ruling which was one of the better thought out WH orders at a time when the EPA itself couldn’t get any of its rulemaking out of OMB review.
Overall, I think its a lousy practice in relation to either party in power but some district court judges feel compelled to act with national scope in anticipation of their circuits sitting on their the executive orders indefinitely. In Biden’s case, they tried to use an EO to undo one of the Trump-era immigration rules which had been done under a full notice and comment APA rulemaking and the and an Obama appointed judge struck it down and told them it also had to be undone via APA rulemaking.
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