‘This trend must stop. … We have a government to run…’
(Kaylee McGhee, Liberty Headlines) The House Judiciary Committee approved legislation to curb nationwide injunctions Thursday.
If passed, the bill will require judges to write rulings that apply only to the individuals and organizations who are part of a specific case.
Introduced by the committee’s chairman Bob Goodlatte, R-Va., the Injunctive Authority Clarification Act would prevent the courts from blocking the enforcement of federal policies.
“The Constitution gives courts the authority to decide cases for the parties before them, not to act as super-legislators for everyone across the country based on a single case,” Goodlatte said in a statement.
“It simply cannot be the law that opponents of government action can seek a preliminary injunction and lose in 93 of the 94 judicial districts, win one injunction in the 94th, and through that injunction obtain a stay of government action nationwide despite it being upheld everywhere else.”
During the Judiciary Committee’s debate on the bill, Democrats argued that injunctions help guard civil liberties, reported the Wall Street Journal.
“Nationwide injunctions are certainly not appropriate in all circumstances,” said Rep. Jerrold Nadler, D-N.Y. “There are good reasons, of course, to act cautiously before issuing such a broad remedy, but we should not completely dismantle this important tool and risk depriving Americans of the protections they deserve.”
Federal courts blocked policy enforcement under the Obama administration and have acted similarly against President Trump.
Most recently, a California judge tried to block the president’s rescission of the Deferred Action for Childhood Arrivals program.
Attorney General Jeff Sessions has frequently spoken against overreaching injunctions.
Several times, he has issued new guidance to Department of Justice attorneys to argue against nationwide court orders that exceed constitutional limits.
“This trend must stop,” Sessions said in a speech last month. “We have a government to run. When a court grants relief to parties not before the court, it dramatically undermines the ability of the president to carry out the will of the elected branches and the voters.”