The phenomenon of the nationwide injunction has only reared its ugly head in the first three months of the new Trump Administration. Out of control activist judges have issues ruling after ruling opposing virtually any action Trump tries to take. From deporting criminal illegal aliens to tariffs to even firing federal workers. It has become the final boss of the game of lawfare, and now, there is only one way it can stop.
The Supreme Court has multiple rulings it needs to make in June on a variety of things, the biggest probably being the Trump ending of birthright citizenship. That case is littered with nationwide injunctions, and their ruling in that case might stop some of the injunction insanity.
Hans Von Spakovsky of the Heritage Foundation says only SCOTUS can help rein in these judges, who are doing so solely to impede Trump from governing.
"These injunctions violate prior Supreme Court precedent, and the only way that can be stopped is if the Supreme Court comes down hard on the judges that are doing this," he says.
Oral arguments were heard on May 15th regarding the injunction madness, with a ruling set for June, when their session wraps up.
The birthright citizenship case will be the key that locks up all of it, though. If SCOTUS rules that these injunctions do not violate the 14th Amendment, then that would help put a lid on more injunctions being filed.
But as we have learned the hard way, Democrats simply do not care about that. They will use all tools in the shed to try and bog down any advancement of Trump's agenda. Even if they know the outcome.
"They want to cause as much delay as possible, even if the Supreme Court down the road overturns what they do," says Von Spakovsky.
This is not some action that is used often, either. It is a Democrat established pattern of disruption. In under four months, about 40 nationwide injunctions were slapped against Trump policies. That is double the number issued during all of the Biden Administration.
Even faced with all these injunctions and a system that is spiraling out of control, SCOTUS has failed to do anything about it. Rather than perform their duties, they have let things play out further. That falls on Chief Justice John Roberts, and the fear of appearing biased.
"I think he believes it would appear as if the court was acting politically if they got involved," says Von Spakovsky. "But by not getting involved, it makes it look like he is acting for political reasons, as opposed to upholding the law."
We should learn more in mid-June on whether or not the injunction insanity can continue. But if the Supreme Court has a backbone, and upholds the rule of law, the madness should come at least to a brief ending. That is, until Democrats find another ridiculous loophole to delay progress.
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