You're not reading what I'm saying
Posted on: March 18, 2025 at 15:17:27 CT
BigDave MU
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They need to file the case in the DC district court first. Then go to SCOTUS if they feel they also need an injunction. It is not uncommon, in fact it is the way it is supposed to happen, that if an injunction is needed a plaintiff has to convince a judge they could win the case and that immediate relief is needed and an injunction is warranted. I'm saying no district judge has the authority to make that determination in a case restricting the executive branch and that only SCOTUS has that authority. SCOTUS would not be the trier of fact in that case, only that the case has constitutional merit at all. They do that sort of thing all the time. They could also refuse the case, which they also do all the time, in which case no injunction would be issued.
The DC circuit is in DC where the executive branch is. It has jurisdiction over many more types of cases involving the federal government than the other district courts have.