Justice Department Urges Supreme Court to Limit Nationwide Injunctions

The Justice Department has called on the Supreme Court to intervene and address the challenges President Trump is encountering from the judiciary, asserting that federal courts are exceeding their authority by rapidly issuing blocks against the administration’s policies. The primary concern revolves around nationwide injunctions, which enable a single federal judge to halt the implementation of presidential policies across the entire country.

Unprecedented Rate of Injunctions Under Trump’s Administration

John Sauer, the newly appointed Solicitor General, highlighted the alarming frequency of nationwide injunctions imposed against the Trump administration. He noted that in just February and March, federal district courts issued 28 such injunctions, a figure that starkly contrasts with the rate experienced under President Biden during his first three years. Sauer described this disparity as “intolerable” and indicative of a judicial overreach.

Specific Cases and Judicial Overreach

The cases in question involve President Trump’s executive orders aimed at restricting birthright citizenship. These orders were intended to prevent children born to undocumented immigrants or temporary visitors in the U.S. from automatically receiving citizenship. However, district judges have blocked these orders, ruling them likely unconstitutional. Sauer argued that these decisions should have been limited to the specific plaintiffs involved, rather than imposing nationwide restrictions on the policy.

Sauer emphasized that the core issue currently before the courts is the legitimacy of the nationwide injunction itself, which he likened to forcing the Justice Department to “play jurisdictional Whac-A-Mole.” He explained that while the administration needs to prevail in every case at every level, opponents only need to find one judge willing to issue a sweeping injunction.

Political Implications and Historical Context

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The Solicitor General also pointed out the political ramifications of these injunctions, suggesting they contribute to the perceived politicization of judicial decisions. He noted that nationwide injunctions are a relatively recent phenomenon in the legal landscape, with none issued in the first 170 years of the United States, and only sparingly thereafter. However, their frequency has increased in recent decades, coinciding with presidents taking more unilateral actions.

Both Presidents Obama and Biden have faced similar nationwide injunctions during their terms, particularly on significant issues like immigration and environmental policies. However, the frequency of injunctions during the early months of Trump’s second term far exceeds those of his predecessors, reflecting the ambitious and assertive nature of his policy agenda.

Critics of President Trump argue that the surge in injunctions is a direct result of his bold executive actions, which include daily executive orders and significant policy shifts like the alteration of birthright citizenship rules. These actions, they claim, test the limits of presidential authority.