The Supreme Court was supposed to be conservatives’ bulwark against the left.
But it didn’t turn out that way in one key case.
And Brett Kavanaugh left Trump supporters wondering what hit them with this defeat.
As American Patriot Daily reports:
Sometime in the last five years the Democrat Party decided an essential component of growing up is forcing children to attend drag queen shows.
Florida Governor Ron DeSantis and the state legislature disagreed and passed a law banning venues from knowingly hosting drag queen shows where minors were in attendance.
A venue in Florida called Hamburger Mary’s sued to stop implementation of the law.
A liberal judge in Orlando issued an order blocking the law on the dubious grounds that protecting minors from sexualized performances violated the bar’s First Amendment rights.
The DeSantis administration appealed the ruling to the Supreme Court.
But Justice Brett Kavanaugh issued a strange ruling that while on the surface appeared to be a defeat for DeSantis, also hinted that the Supreme Court would eventually uphold the Florida law.
Kavanaugh explained that he rejected the appeal because it “challenges only the scope of relief ordered by the District Court — namely, that the injunction prohibits state enforcement of the law not only against Hamburger Mary’s but also against other entities that are non-parties to this litigation.”
In his ruling, Kavanaugh said Florida never raised First Amendment objections to the lower court’s ruling.
“To begin with, although Florida strongly disagrees with the District Court’s First Amendment analysis, Florida’s stay application to this Court does not raise that First Amendment issue,” Kavanaugh added.
Throughout the Trump administration conservatives on the Supreme Court made it known they were fed up with the ability of district court judges to issue nationwide injunctions blocking federal policy.
Whenever Trump would issue an executive order Democrats would run to a liberal judge in Hawaii, Washington or California and win an injunction stopping the order’s effect.
Democrats would forum shop knowing that the inevitable appeal would end up before the Ninth Circuit Court of Appeals, the most liberal court in America.
And while the Supreme Court would eventually overturn the Ninth Circuit it would delay Trump’s agenda for months on end.
Kavanaugh wrote that the Supreme Court was looking for the right test case to end this practice, but his was not the right one.
“The question of whether a district court, after holding that a law violates the Constitution, may nonetheless enjoin the government from enforcing that law against non-parties to the litigation is an important question that could warrant our review in the future,” Kavanaugh continued.
Kavanaugh argued that this was really a First Amendment case so the Court shouldn’t use it as the vehicle to knock down the practice of nationwide injunctions.
“But the issue arises here in the context of a First Amendment overbreadth challenge, which presents its own doctrinal complexities about the scope of relief. This case is therefore an imperfect vehicle for considering the general question of whether a district court may enjoin a government from enforcing a law against non-parties to the litigation. For that reason, the Court is not likely to grant certiorari on that issue in this particular case,” Kavanaugh wrote.
But Kavanaugh wanted it to be clear that turning down this appeal didn’t mean the Court thought the ban on minors attending drag shows was unconstitutional.
“Therefore, the Court’s denial of the stay indicates nothing about our view on whether Florida’s new law violates the First Amendment,” Kavanaugh concluded.
It’s long been accepted that states can stop children from entering certain venues.
Minors can’t drink at a bar or walk into a gentlemen’s club.
The Court is likely to uphold the Florida law banning venues from hosting drag shows where children can attend.