Senate Republicans Target Nationwide Injunctions in New Bill

Clear Facts

• Senate Republicans are considering legislation to address the high number of federal rulings that have blocked President Trump’s agenda nationwide.
• Senate Majority Leader John Thune criticized district courts for issuing universal injunctions, which he believes overstep their constitutional powers.
• Legislation to limit nationwide injunctions has been introduced, but passing it requires bipartisan support due to the Senate’s 60-vote legislative filibuster.

Senate Majority Leader John Thune has voiced concerns over the increasing use of universal injunctions by federal district courts, which have stalled key components of President Trump’s agenda. Thune expressed his discontent with these rulings, stating that district judges might be exceeding their constitutional authority.

“A lot of district courts are essentially policy making for the entire country and that’s not what they were designed to do when they were created under the Constitution,” Thune remarked during an interview.

The statistics are telling. In the first 100 days of Trump’s second term, federal district judges issued 25 nationwide injunctions against his policies. This is a stark contrast to the four injunctions during the same period under President Biden’s term.

The Republican-led House has already passed a bill, the No Rogue Rulings Act, aimed at curbing these injunctions. The bill, spearheaded by Rep. Darrell Issa, seeks to limit the issuance of nationwide injunctions by district courts. However, for this legislation to advance in the Senate, it requires the support of at least seven Democratic senators due to the legislative filibuster.

Thune has shown support for Senate Judiciary Committee Chairman Chuck Grassley’s proposed legislation, which would restrict federal court orders to the parties directly involved in the case. “We’re anxious to work with him and in trying to come up with ways of addressing this,” Thune stated.

The path forward is not without challenges. The Senate’s legislative filibuster means that any proposed legislation must secure 60 votes to proceed. Thune emphasized the importance of bipartisan cooperation, noting, “For us, this would take 60.”

Despite these hurdles, Thune remains committed to addressing what he sees as an overreach by the judiciary. “We want to make sure that if it comes out of the committee and it comes to the floor, that we have a decent chance of having success with it,” he added.

The Supreme Court’s upcoming decision on the matter could also play a pivotal role in shaping the future of nationwide injunctions. Thune appears hopeful that the Court might rein in the power of district judges, potentially aligning with his legislative goals.

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