The Supreme Court’s Potential Blow to Nationwide Injunctions
One of the most powerful wings of the Trump resistance may be at risk of losing a crucial tool. The Supreme Court has scheduled oral arguments on the extent of lower court judges’ power to block a president’s policies nationwide.
If the high court grants the Trump administration’s request to limit or lift three nationwide injunctions blocking his bid to end birthright citizenship, it could cripple the ability of President Donald Trump’s opponents to seek — and judges’ ability to grant — such blocks entirely.
Such limits on the executive branch, Trump administration lawyers argue, impede the government’s proper functioning. President Joe Biden’s Department of Justice also requested the justices to limit lower courts’ nationwide injunction powers. Although the justices didn’t address that request, conservative members have expressed a desire to restrain the broad application of nationwide injunctions.
Impact on Trump’s Policies
The Supreme Court’s decision could dramatically alter how Trump’s policies are implemented nationwide. Without nationwide blocks, certain policies, like birthright citizenship, could be enforced in some states while halted in others as litigation unfolds. This could lead to an inconsistent and chaotic patchwork where Trump’s agenda is enforced selectively.
The justices might rule that trial judges can issue injunctions limited to the geographic districts of their appointment. Alternatively, they might restrict trial judges from issuing remedies beyond specific litigants in a case. This means a group of states challenging Trump’s policies might win an injunction only in their states, while the policy remains in effect elsewhere.
Challenges for Challengers
Challengers may still seek broader relief through class-action lawsuits or other measures, but these paths are more burdensome and time-consuming. Without nationwide injunctions, Trump could continue implementing his policies in most places, even after losing legal battles.
Several conservative justices have advocated for limiting lower courts’ power to issue nationwide injunctions. Justices Thomas, Alito, Gorsuch, and Kavanaugh have all signaled their support for such limitations.
Implications and Uncertainties
Eliminating nationwide injunctions could lead to regional disparities in policy enforcement and legal uncertainty. This could complicate the administration of federal policies and result in prolonged legal battles.
Whether the Supreme Court decides to restrict nationwide injunctions will have far-reaching consequences for legal challenges to presidential policies and the functioning of the government.
