Why one Trump-appointed judge's mask ruling is a bigger problem than you might think
For a long time, the answer was no. From 1937 to 1976, Congress required any suit challenging federal policies on a nationwide basis to be brought before special “three-judge” district courts — so that any relief would require the assent of at least two judges and so that decisions by that court could be immediately and expeditiously appealed to the Supreme Court. And the court, unlike in virtually every other case, had to hear the appeal.
Congress repealed that reform in 1976 — in response to complaints that it was both unnecessary and wildly inefficient. But perhaps the time has come to put it back on the table — and to ask whether we really are comfortable with having the Judge Mizelles of the world effectively supervising federal policy for the near future.
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