Judicial Overreach – The Rising Trend of Nationwide Injunctions

Dear Lexie,

The surge of nationwide injunctions against the Trump administration presents a critical opportunity to examine the role of the American judiciary. While every president faces legal hurdles when carrying out policy changes, a staggering 64 nationwide injunctions were deployed against Trump during his first term compared to mere single digits for some of his predecessors. This situation could be described as a constitutional crisis, emphasizing how lower courts' abuse of nationwide injunctions are crippling executive actions and undermining the will of voters.

On a recent episode of At the Core, I discussed the issue and possible fixes with AFA Action Senior Counsel Phillip Jauregui. One immediate fix is for the Supreme Court to intervene and strike down these lower court injunctions and clarify that they should only be permitted by the high court. One would think that the Supreme Court understands this, but it has been passive on the issue. Another fix is for Congress to pass legislation that reigns in the ability for lower courts to issue nationwide injunctions.

Lastly, Congress has the authority to exert its budget influence over the judiciary, as it is Congress that funds all judicial branch functions. This may seem drastic, yet it is a constitutionally endorsed action. Ultimately, there are three co-equal branches of government for a reason. The Executive Branch and Congress should partner to address this growing problem, and the Supreme Court should also do its part.

You can listen to the full episode here.

Walker Wildmon, CEO

AFA Action