The U.S. Supreme Court has wisely determined in a 6-3 decision that lower courts lack authority to issue universal (national) injunctions against executive orders or laws, and that injunctions can only apply to parties in a case. For too long, courts have used universal injunctions as speed bumps to slow down a President or Congress’ […]
The U.S. Supreme Court has wisely determined in a 6-3 decision that lower courts lack authority to issue universal (national) injunctions against executive orders or laws, and that injunctions can only apply to parties in a case. For too long, courts have used universal injunctions as speed bumps to slow down a President or Congress’ policies and laws, often merely delaying application of those policies and laws when they are later upheld. Universal injunctions were tipping the scales against the separation of powers and in favor of judicial supremacy, where all actions by the elected branches would first have to be submitted to unelected judges for “approval” before implementation.
Often in cases, the execution of laws must be considered by courts. But with universal injunctions, the policies or laws being challenged never are allowed to be implemented to better gauge their constitutionality or even become ripe for complaint, harming analysis into whether claims are justiciable. Universal injunctions were leaving higher courts with less evidence to analyze how a policy or law’s execution either ran afoul of the Constitution or law, or was in alignment with it.
All that’s left after a universal injunction is for a higher court to issue a hypothetical opinion without the benefit of allowing execution to play out and for all sides of a case to be fully argued with the benefit of experience. The Supreme Court has restored the limited judicial powers conferred under the Constitution and federal law.
Robert Romano is the executive director of Americans for Limited Government, a conservative 501(c)(4) nonprofit organization that says it is dedicated to restoring constitutionally limited government, allowing individuals to pursue life, liberty, and happiness.
Robert Romano
