Jonathan Turley - SCOTUS must stop "chronic injunctivitis" by District judges

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Jonathan Turley - SCOTUS must stop "chronic injunctivitis" by District judges

Published: Tuesday, May 27th, 2025 @ 4:57 pm
By: John Steed ( More Entries )

Respected George Washington University law professor Jonathan Turley has published a column arguing that the US Supreme Court must put a stop to what he calls "chronic injuncitvitis" - the practice of partisan district court judges issuing politically motivated nationwide injunctions. While a practice that only goes back a few decades, it has mushroomed among Obama and Biden appointed district judges against President Trump.

Even Supreme Court justices seem to play politics on this issue. Turley quotes Obama appointed Justice Kagan speaking at a function during the Obama era where she denounced the practice of issuing national injunctions. Now that Trump is in power, she has changed her tune.

The column can be read here: https://jonathanturley.org/2025/05/26/the-justices-must-at-long-last-deal-with-chronic-injunctivitis/

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Comments

Conservative Voter said:

( May 29th, 2025 @ 12:55 pm )

All of the seats held by Biden judges appointed with the autopen should be declared vacant unless there is clear and convincing evidence that Biden knowingly appointed them. That would get rid of a lot of these slimeball judges.

borderhawk said:

( May 28th, 2025 @ 4:03 pm )

In immigration related cases, these are supposed to be brought in the immigration courts, NOT in the district courts. These Obama and Biden judges are involved in a power grab from another federal court. When will the Supreme Court put a stop to all this nonsense?

Steven P. Rader said:

( May 28th, 2025 @ 1:58 pm )

Traditionally, judges only issue injunctions that only involve the people who are partied to that individual case. An exception would be a case that has been filed and approved as a class action, which none of the political cases against Trump have been. The issuance of national injunctions by district judges is a relatively recent development that has exploded in the Democrat lawfare cases against the Trump administration. Turley is right that the Supreme Court needs to put a stop to this practice where a local district court judge thinks he is running the country.

A contrast i court behavior can be made with Biden's most egregious abuse of power when he tried through executive fiat to rewrite Title IX of the Civil Rights Law to stand it on its head and make it say the opposite of what Congress passed. That was challenged in five separate lawsuits in district court, each one involving a grouping of states. Courts entered injunctions against Biden's move in each case, BUT each injunction only protected those states suing in that particular lawsuit. States that were not part of any lawsuit like North Carolina were unprotected.

Now, even though many of the injunctions by Democrat district judges are frivolous and are reversed by appeals courts, they are issued to block executive branch actions in all states. That should not be allowed to continue.

District judges should not be allowed to issue national injunctions unless a case is properly certified as a class action or unless the Supreme Court approves.

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