Across the country, activist judges from the corners of left-wing cities are issuing “universal injunctions” that force the executive branch to pause its efforts to implement President Donald J. Trump’s policies—but the Supreme Court has already ruled that these moves are “legally and historically dubious.”
Explainer: “Nationwide” or “Universal” injunctions prohibit the Executive Branch from applying a law or policy nationally — as opposed to in just the state where the lawsuit is brought.
The details: Since taking office just four weeks ago, President Trump has seen dozens of his executive orders and memorandums challenged by federal courts and temporarily paused. A few examples:
- A judge forced Trump to continue funding child sex changes
- Two separate judges blocked Trump’s freeze on federal aid
- A judge banned Trump’s federal buyout program [this was already reversed]
Elon Musk, who has been leading Trump’s effort to cut government waste, wrote on X yesterday in response to this wave of judicial activism:
- “If ANY judge ANYWHERE can stop EVERY Presidential action EVERYWHERE, we do NOT live in a democracy.”
The Supreme Court agrees with him: In 2018, the Supreme Court overturned a lower court’s nationwide injunction on President Trump’s travel ban during his first term. In the majority opinion, Justice Clarence Thomas warned:
- “District courts… have begun imposing universal injunctions without considering their authority to grant such sweeping relief.”
- “These injunctions are… encouraging forum shopping, and making every case a national emergency for the courts and for the Executive Branch.”
- “In sum, universal injunctions are legally and historically dubious.”
- “I am skeptical that district courts have the authority to enter universal injunctions. These injunctions did not emerge until a century and a half after the founding. And they appear to be inconsistent with longstanding limits on equitable relief and the power of Article III courts. If their popularity continues, this Court must address their legality.”
Big picture: It’s clear that the federal courts today are doing everything Justice Thomas warned of in 2018. And many, if not all, of these rulings will likely need to go to the Supreme Court to be remedied. But in the meantime, Democrats are delaying the will of the American people who voted for Trump to enact the policies being blocked.