Supreme Court Justice Clarence Thomas raised concerns Tuesday about the increasingly common use of nationwide injunctions issued by federal trial court judges to block laws and policies.
It has been a favorite tactic of liberal activist groups that fancy themselves part of the so-called resistance confronting President Donald Trump. If plaintiffs can get a U.S. District Court judge to grant an injunction and apply it nationwide, they can gum up Trump’s policies for months or longer — even if they ultimately lose the underlying case.
In sum, universal injunctions are legally and historically dubious,” the justice wrote. “If federal courts continue to issue them, this court is duty-bound to adjudicate their authority to do so.”
Some legal scholars have argued that it is improper for a single federal judge to block government action far beyond his jurisdiction except in extraordinary cases.
https://www.lifezette.com/2018/06/justice-thomas-warns-against-power-grab-by-district-courts/
Ping.