- Trump administration battles 40 nationwide injunctions, aiming to limit judicial reach.
- Legal strategy seeks to dismantle broader rulings into smaller, fragmented cases.
- Potential Supreme Court decision could reshape national injunction practices.
The Trump administration is actively pursuing legal strategies to dismantle 40 nationwide injunctions. These have blocked its policies across various domains, including immigration and military service restrictions.
Critics argue that this approach is a “shell game,” allowing the administration to strategically sidestep adverse rulings. The implications are significant. The Supreme Court may soon decide whether nationwide injunctions can continue to exert such expansive influence. This could potentially redirect litigants to slower, less impactful class-action lawsuits.
Trump’s Legal Gambit: Breaking Down Nationwide Injunctions to Delay Supreme Court Showdown
The Trump administration is pushing to dismantle nationwide injunctions, a legal tool that has repeatedly blocked its policies from coast to coast. These injunctions, issued by single federal judges, have paused policies ranging from immigration restrictions to funding cuts in health agencies. By targeting the procedural foundations of these cases, the government seeks to limit the scope of judicial orders. This would restrict their impact to specific jurisdictions.
Legal experts suggest the strategy is less about winning in court and more about stalling. Amanda Frost, a law professor at the University of Virginia, describes it as a way to “win by losing.” This allows Trump’s policies to remain effective while legal battles drag on for months or even years.
Should the Supreme Court rule against nationwide injunctions, it could reshape how federal courts handle national policy disputes. Instead of nationwide stops, rulings might only apply within a judge’s specific district, forcing plaintiffs to pursue multiple cases across various jurisdictions.
The alternative to nationwide injunctions could be class-action lawsuits, but these are often complex and time-consuming to certify. Meanwhile, the administration’s policies continue to operate, potentially affecting millions before any legal resolution is reached.
The Trump administration’s legal strategy underscores a broader debate about the power of nationwide injunctions. This will shape national policy before the Supreme Court has its say.
“Their bottom line is that they don’t think these cases should be in court in the first place,” — Luke McCloud, former clerk for Justices Sotomayor and Kavanaugh.
