Bill on Nationwide Injunctions

The practice of individual federal judges issuing nationwide injunctions against particular government actions has long been the subject of complaints from both sides of the political aisle. At each point in time, of course, the side complaining is the side presently in power.

Senator Charles Grassley, chairman of the Judiciary Committee, has this op-ed in the WSJ regarding a bill he is introducing today to limit this practice, titled the Judicial Relief Clarification Act. As of this writing, today’s bills have not yet appeared on congress.gov, so I do not yet have the details.

Sen. Grassley notes that Justice Kagan has previously denounced such injunctions. A 2022 article in Politico by Josh Gerstein reported her remarks at a Northwestern University event:

During her remarks on Wednesday in a conversation with Northwestern Law Dean Hari Osofsky, Kagan took a notably hostile and forceful stand against a practice that hasn’t generated much public debate but has roiled the legal community in recent years: individual U.S. District Court judges blocking federal government policies nationwide.

Executive branch officials from the Biden, Trump and Obama administrations have all complained about their major policy initiatives often being hamstrung by a single judge.

“This has no political tilt to it,” Kagan said, taking aim not only at the sweeping injunctions but at the transparent “forum shopping” by litigants filing cases in courts they think will be friendliest to them.

“You look at something like that and you think, that can’t be right,” Kagan said. “In the Trump years, people used to go to the Northern District of California, and in the Biden years, they go to Texas. It just can’t be right that one district judge can stop a nationwide policy in its tracks and leave it stopped for the years that it takes to go through the normal process.”

Right.