In the Supreme Court’s Battle over Nationwide Injunctions, No One Wins
UNITED STATES, JUL 7 – Federal judges use class actions and the Administrative Procedure Act to maintain nationwide policy effects despite the Supreme Court's limits, with at least six judges adopting new strategies.
- The Supreme Court issued a 6-3 ruling on Friday limiting lone federal judges from issuing nationwide injunctions that restrict executive enforcement.
- The ruling arose as courts sought to address the widespread use of nationwide injunctions since the 1960s, which surged under the Trump administration to block federal actions broadly.
- In response to the ruling, judges have turned to alternative legal tools like collective lawsuits and the Administrative Procedure Act to achieve widespread impacts while respecting the boundaries set by the Supreme Court.
- In April 2024, Senator Chuck Schumer criticized conservative activists for using the judicial system's current composition to bypass lawmakers and undermine the preferences of the American electorate.
- The decision, viewed as ideologically neutral and applicable under any administration, has created judicial uncertainty and ongoing efforts to balance executive authority with judicial oversight.
43 Articles
43 Articles
What Made Justice Kagan Change Her Mind on Universal Injunctions?
When judges change their mind, they explain their reasons. Or at least they ought to, because that’s what makes their judgments trustworthy. But when the Supreme Court decided Trump v. CASA this term, Justice Elena Kagan suddenly changed her mind on universal injunctions—and didn’t explain why. There, the Supreme Court held that federal courts likely don’t have authority to issue universal injunctions. These injunctions are court orders that ap…

Democrats sing new tune on injunctions
Politics and intellectual consistency go together like banana on pizza. But the reaction from Democrats to last week’s Supreme Court ruling on judicial authority deserves special attention.
In the Supreme Court’s battle over nationwide injunctions, no one wins
Constitutional rights have to be enforceable. They can’t rely on the goodwill of the government. This utter lack of accountability is a charter for abuse. And that abuse is happening right now.

Democrats sing a new tune on nationwide injunctions
Politics and intellectual consistency go together like banana on pizza. But the reaction from Democrats to last week’s Supreme Court ruling on judicial authority deserves special attention.
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