💬 Discussion

SCOTUS limits judges’ power to issue nationwide injunctions

Monday, Jun 30

Image: SCOTUS

On Friday, the Supreme Court imposed new limits on the ability of lower courts to pause federal policies from taking effect nationwide, in a 6-3 decision along ideological lines.

A narrower scope

The decision came in a case centered around President Trump's effort to eliminate birthright citizenship in the US, which has been frozen by three separate universal injunctions while legal challenges play out.

What it means: The Court’s conservative majority ruled that federal district courts “likely exceed” their authority granted by Congress when issuing injunctions that block presidential policies nationwide, and can only make decisions that apply to the parties involved in each case.

  • For the birthright citizenship lawsuit, that means Trump’s order is only blocked for the 22 Democratic-led states, expectant mothers, and immigration organizations that are suing.
  • The decision doesn’t address whether Trump's push to eliminate birthright citizenship is constitutional, with the high court expected to take up that issue as early as this fall.

Moving forward, the ruling will make it substantially easier for more policies from Trump—and future presidential administrations—to take effect, according to legal experts. It’s also expected to affect several ongoing lawsuits that have produced nationwide injunctions blocking White House orders to:

  • End government support for DEI initiatives
  • Overhaul US federal elections
  • Stop funding healthcare facilities that provide transgender treatments to patients under 19
  • Dismantle certain federal agencies

It was a busy Friday for SCOTUS

America’s highest court also delivered several other major rulings on the final day of its 2024-25 session. The justices:

  • Upheld a Texas law requiring porn site users to verify their age via photo ID.
  • Affirmed an Obamacare provision requiring most insurers to provide free preventive care.
  • Upheld the FCC's multibillion-dollar fund used to expand telephone and broadband access in rural areas.
  • Voted to allow Maryland parents to remove their kids from lessons containing material that violates their religious beliefs.

Looking ahead…The Supreme Court’s next term begins in October, when it’s expected to take up cases related to the death penalty, the Fourth Amendment, and mail-in ballots received after Election Day.

📊 Flash poll: In general, do you agree with SCOTUS’ decision to impose new limits on lower courts’ ability to issue nationwide injunctions?

See a 360° view of what pundits are saying →

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Sprinkles from the Left

  • Some commentators argue that after eliminating universal injunctions, SCOTUS needs to own the consequences of their ruling—and be willing to act with speed and force when the President attempts to violate Americans’ rights, since they alone now have that power.
  • Others contend that SCOTUS’ decision deals a grievous blow to separation of powers in the US government at a time when Trump is asserting unprecedented powers, making it far more difficult to restrain his unconstitutional actions.
Republican elephant symbol

Sprinkles from the Right

  • Some commentators argue that SCOTUS’ decision to limit nationwide injunctions is a positive development in many ways, given the dysfunctions that they inspire, with Democrats running to California and Republicans to Texas to convince a single federal judge.
  • Others contend that SCOTUS’ ruling correctly reins in the imperial ambitions of federal district judges, and is a good first step towards giving Congress back its rightful legislative power to decide how legal disputes over executive power operate.
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