Rep. Bob Goodlatte, R-Va., has introduced legislation that would stop federal courts from issuing sweeping orders that block the enforcement of federal policies across the country directed by both Republicans and Democrats.
Goodlatte, the chairman of the House Judiciary Committee, introduced the Injunctive Authority Clarification Act late last week. The committee is expected to mark up the bill this week, according to Goodlatte’s office. It held a hearing examining the impact of nationwide injunctions in November.
If the legislation is passed and signed into law, injunctions issued by a federal court could extend only to the parties before it, not to the entire nation.
“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 elsewhere.”
Nationwide injunctions have received criticism from Republicans in Congress and top Trump administration officials, including Attorney General Jeff Sessions. During remarks last month at the 8th Circuit Judicial Conference, Sessions said federal courts have issued nationwide injunctions targeting policies implemented by Republican and Democratic administrations.
Under President Barack Obama’s administration, for example, a federal judge issued a preliminary injunction blocking implementation of the Deferred Action for Parents of Americans and Lawful Permanent Residents program. During President Trump’s administration, a federal judge in California issued an injunction halting the president’s rescission of the Deferred Action for Childhood Arrivals program.
“The Department of Justice, under Democratic and Republican administrations alike, has been consistent for decades that nationwide injunctions gravely threaten the rule of law,” Sessions said. “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.”
