Liberals used the courts to block Trump’s agenda. Republicans are using the same playbook against Biden – By Tierney Sneed (CNN) / Aug 28 2021
(CNN)For four years, President Donald Trump saw his policies hindered by progressive lawsuits. Now conservative lawyers and judges get to have their revenge on the Biden administration.
Legal arguments and procedural tools, such as nationwide injunctions by friendly judges, that were categorically criticized by many conservatives when they were employed against Trump policies are being embraced and utilized by the right in lawsuits that seek to block President Joe Biden’s executive branch actions.
The most striking example is the move by the Supreme Court on Tuesday night that will require the Biden administration to revive the Trump-era policy known as “remain in Mexico,” which forces migrants to stay in Mexico until their US immigration court dates.
In how it handled the legal dispute, the Supreme Court blessed the Biden foes’ arguments that his administration had violated a decades-old law that was routinely used by liberal lawyers to stymie Trump’s agenda. The justices also left in place a federal judge’s nationwide injunction forcing Biden to reinstate the Trump policy, after some conservatives on the court had previously complained that the use of the mechanism by district courts was becoming “a real problem.”