• Economy
  • Editor’s Pick
Money Rise Today – Investing and Stock News
  • Investing
  • Stock
Editor's Pick

SEN JOHN KENNEDY: Why SCOTUS should seize opportunity to eliminate universal injunctions

by May 15, 2025
written by May 15, 2025
NEWYou can now listen to Fox News articles!

On May 15, the U.S. Supreme Court will hear the argument in a series of cases that ask the court to decide whether individual district court judges can unilaterally stop the federal government from enforcing a law or policy nationwide. The court should jump at the chance to end this practice.

Normally, when a district court sides with a plaintiff’s challenge to a federal policy, the court’s injunction only applies to that plaintiff.

In the 1960s, however, some judges invented a new tool called a universal injunction to impose their will on the country. Instead of addressing the concerns of one plaintiff, these judges began enjoining the government from enforcing the policy against anyone, anywhere. 

The universal injunction gives individual judges extraordinary power. Don’t like a law passed by Congress? Gone. Don’t like an agency’s regulation? Dead. Don’t like one of the president’s policies? Sayonara.

At first, these universal injunctions were uncommon. Courts issued only 27 universal injunctions up until the 21st century. But in recent decades, they have become a fact of life. President Joe Biden faced 14 universal injunctions in his four-year term, and President Donald Trump has surpassed that number in less than four months.

Nowhere does the Constitution say that district courts have this immense power. Nor has Congress ever authorized courts to issue universal injunctions. Universal injunctions also were not recognized in England, where America sourced much of its jurisprudence. 

Yet individual judges around the country still claim they have the authority to bring the entire federal government to a screeching halt with the stroke of a pen.

To make matters worse, judges often issue these universal injunctions after preliminary hearings with limited debate by the parties. There’s no jury. There’s no trial. There’s no real testing of the evidence at all. It also means courts have little time to consider gnarly legal issues. That’s why judges are able to shut down federal policies nationwide within days or even hours.

This practice gives virtually unfettered discretion to the country’s most extreme jurists. The government could successfully defend a policy before hundreds of district judges, but a single judge who disagrees could still wipe out the policy nationwide.

Because the injunction can prohibit enforcement of the law or policy anywhere, the federal government understandably feels compelled to immediately appeal the case all the way to the Supreme Court if necessary. This rushed process undermines judicial decision-making. 

The Supreme Court prefers when cases take their time and legal issues percolate in the lower courts. That ensures many legal scholars and judges have an opportunity to share their views and fully vet an issue. But universal injunctions often force the Supreme Court to abandon this thorough, deliberative process in favor of a hurried ruling based on half-baked briefs. 

One rogue judge shouldn’t be able to force the Supreme Court to rush on complex legal issues because he or she assumed the power to enjoin a federal policy nationwide.

This isn’t an ideological issue. Justices Neil Gorsuch, Clarence Thomas and Elena Kagan have all expressed concerns about universal injunctions short-circuiting the American judicial system. Nor is this a partisan issue. Solicitor generals for both Presidents Biden and Trump have asked the Supreme Court to put an end to universal injunctions.

These individuals understand better than anyone that the rampant use of universal injunctions by district court judges is threatening to destabilize the judiciary, and indeed, our entire system of government. I hope the court will take advantage of the opportunity to end this unlawful practice once and for all. 

This post appeared first on FOX NEWS
0 comment
0
FacebookTwitterPinterestEmail

previous post
5 new Uber features you should know — including a way to avoid surge pricing
next post
YouTube will stream NFL Week 1 game in Brazil for free

related articles

Is Trump considering bold Africa play to push...

August 28, 2025

CDC Director Susan Monarez refuses to be fired...

August 28, 2025

Bill Gates met with Trump to talk ‘importance...

August 28, 2025

Trump asks SCOTUS to uphold freeze on billions...

August 27, 2025

White House demands all Gaza hostages return home...

August 27, 2025

Apple expected to roll out texting update that...

August 27, 2025

Cracker Barrel’s logo mea culpa is a start...

August 27, 2025

Mike Johnson hits iconic Nashville bar, blasts Dems...

August 27, 2025

Trump touts massive fundraising haul since winning 2024...

August 27, 2025

House Democrats call on Rubio to allow injured...

August 27, 2025
Enter Your Information Below To Receive Free Trading Ideas, Latest News, And Articles.


Your information is secure and your privacy is protected. By opting in you agree to receive emails from us. Remember that you can opt-out any time, we hate spam too!

Latest News

  • Trump wants Musk to stay with administration, says DOGE found something ‘horrible’ today

    April 4, 2025
  • ‘Powerful tool’ for China: Government defends pending TikTok ban

    January 10, 2025
  • Chief Justice Roberts doubles down on defense of courts as SCOTUS gears up to hear key Trump cases

    May 8, 2025
  • Trump can delete Elizabeth Warren’s failed experiment once and for all

    February 5, 2025
  • Trump pressures 4 GOP senators ahead of anti-Canadian tariff vote, accusing them of ‘TDS’

    April 2, 2025

Popular Posts

  • 1

    Secret Service admits leaning on ‘state and local partners’ after claim it ignored Trump team’s past requests

    July 21, 2024
  • 2

    Five more House Democrats call on Biden to drop out, third US senator

    July 19, 2024
  • 3

    Elon and Vivek should tackle US funding for this boondoogle organization and score a multimillion dollar win

    December 4, 2024
  • 4

    Forex Profit Calculator: Maximize Your Trading Potential

    July 10, 2024
  • 5

    Biden calls to ‘lower the temperature’ then bashes Trump in NAACP speech

    July 17, 2024

Categories

  • Economy (829)
  • Editor's Pick (5,836)
  • Investing (634)
  • Stock (905)

Latest Posts

  • Climate lawfare is running into a powerful force liberals didn’t expect

    February 10, 2025
  • South Korea imposes a travel ban on President Yoon over martial law declaration

    December 9, 2024
  • Long UPST: Upstart Holdings Q3 Results Spark Optimism Amid Strong Growth and Bullish Market Reaction

    December 4, 2024

Recent Posts

  • Three Mile Island nuclear plant to help power Microsoft’s data-center needs

    September 20, 2024
  • Russia sounds off on Trump’s threat to retake the Panama Canal

    January 21, 2025
  • Robert F. Kennedy, Jr. suspends campaign, backs Trump for president

    August 23, 2024

Editor’s Pick

  • US flies joint patrol with the Philippines near shoal region guarded by China

    February 4, 2025
  • Starbucks (SBUX) Stock Analysis: Key Resistance at $103.33

    November 29, 2024
  • ‘Losing their minds’: Dem lawmakers face backlash for invoking ‘unhinged’ violent rhetoric against Musk

    February 5, 2025
  • About us
  • Contacts
  • Privacy Policy
  • Terms & Conditions

Disclaimer: moneyrisetoday.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

Copyright © 2025 moneyrisetoday.com | All Rights Reserved

Money Rise Today – Investing and Stock News
  • Economy
  • Editor’s Pick
Money Rise Today – Investing and Stock News
  • Investing
  • Stock