House votes to curb national injunctions, targeting judges who thwart Trump orders
By MICHAEL GOLD | THE NEW YORK TIMES
WASHINGTON -The House passed legislation Wednesday that would bar federal district judges from issuing nationwide injunctions, part of an escalating Republican campaign to take aim at judges who have moved to halt some of President Donald Trump's executive orders.
The bill, approved mostly along party lines on a vote of 219-213, would largely limit district court judges to issuing narrow orders that pertain to parties involved in a specific lawsuit, rather than broader ones that can block a policy or action from being enforced throughout the country. It would make an exception in cases that were brought by multiple states, which would need to be heard by a three-judge panel.
It faces a slim chance of becoming law because of the obstacles it faces in the Senate, where seven Democrats would have to join Republicans to allow it to advance. So far, similar bills have not been approved by the Senate Judiciary Committee.
House Republicans have framed the legislation, named the No Rogue Rulings Act, as a necessary constitutional check on what they claim is an abuse of power by judges attempting to wield political influence from the bench.
Citing an increase in nationwide injunctions since Trump took office, Republican lawmakers have argued that an unelected federal judge in one district should not be able to block the executive branch from implementing nationwide policies, a duty they say should be left to appeals courts or the Supreme Court.
The Supreme Court "must reach a majority in order to make something the law of the land, and yet a single district judge believes that they can make the law of the land," Rep. Darrell Issa, R-Calif., who introduced the bill, said Wednesday on the House floor.
Democrats have argued that federal judges are simply performing their duty to review executive actions. They say that Trump has been subject to a flurry of injunctions because he has pushed aggressive policies that exceed the scope of his authority and violate the law.
"If it seems like an incredible number of cases to lose in less than 100 days, recall that Trump is engaged in a record number of illegal actions at a breathtaking velocity never seen before in U.S. history," said Rep. Jamie Raskin of Maryland, the top Democrat on the Judiciary Committee.
Nationwide injunctions, in which judges stop policies from being implemented while their legality is being weighed in court, have long been used by judges to halt actions taken by both Democratic and Republican administrations.
Less than three months into Trump's second term, district judges have issued nationwide injunctions or temporary restraining orders that stopped the Trump administration from firing thousands of civil servants; ending birthright citizenship for children of immigrants who entered the country illegally and foreign residents born on U.S. soil; barring transgender troops from the military; and deporting migrants using an 18th-century wartime law.


