Only SCOTUS Can Rein In The Judicial Coup

The Supreme Court heard oral arguments on May 15 on what has become a debilitating, critical crisis: the issuance of nationwide injunctions en masse by federal district court judges.

Notably, the overwhelming majority of those judges are Democrat appointees who seek to prevent President Donald Trump from doing what he was elected to do: govern. According to a lawsuit tracker by the Associated Press, more than 200 lawsuits have been filed against Trump’s executive orders.

In three consolidated cases from Washington, Maryland, and Massachusetts, federal district court judges issued nationwide injunctions (sometimes called universal injunctions or, to quote Justice Neil Gorsuch, “cosmic injunctions”) against the implementation of a Trump executive order ending universal birthright citizenship. The plaintiffs in those cases claim the order violates the 14th Amendment.

Those injunctions reflect a broader pattern. In less than four months, roughly 40 nationwide injunctions have been entered against the Trump administration — almost double the number entered during all four years of the Biden administration. As Solicitor General John Sauer pointed out, 35 have come “from the same five judicial districts.”

One could reasonably argue that the judges entering these orders are essentially attempting to undo the results of the last election by keeping in place Biden administration policies — policies that more than 77 million voters roundly rejected last November. These judges apparently believe they have more authority than the president to make decisions on everything from domestic and foreign policy to matters affecting national security and the military.

The Supreme Court should vigorously enforce its prior precedents (including its 1984 decision in U.S. v. Mendoza), which strictly limit the ability of a single unelected district court judge (of whom there are nearly 700) to keep the administration from achieving its policy objectives by ruling not just for those who filed a lawsuit but also for everyone who

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