State of Play

Donald Trump, Elon Musk, and the far-right are attempting to punish independent judges who stand in the way of President Trump’s lawless agenda, leveling threats of impeachment and stoking the fear of violence towards judges who rule against the administration. The attacks on the judiciary have become so severe that even Chief Justice John Roberts finally offered a statement of disapproval.

In a blatant power grab, Republican leaders in Congress are retaliating against federal judges who served as a check on Trump’s unconstitutional overreach. Through legislation, they are attempting to cripple the judiciary’s ability to issue nationwide injunctions—dismantling a vital safeguard against executive tyranny solely to advance their partisan agenda.

Recently, injunctions have been issued to block Trump’s attempts to subvert the constitution and end birthright citizenship by executive order, his attacks on programs such as those that lower costs for homeowners and improve our environment, as well as the administration’s reckless firing of government employees. All of which raise serious legal issues–or appear to be flatly illegal–and risk significant harms to ordinary people.

While courts and scholars have suggested various reforms to the operation of these injunctions in specific circumstances, the current attempt to remove this tool is purely political in nature, designed to benefit and appease President Trump and his radical, MAGA agenda. 

These efforts were highlighted in a House Judiciary joint subcommittee hearing held Tuesday and a Senate Judiciary Committee hearing held Wednesday—both of which underscored the politically driven nature of these efforts.   

Testimony at the hearings revealed that:

• “…[T]his administration has been marked by a breathtaking degree of presidential unilateralism that is flatly inconsistent with statutes and the Constitution. That is true in general terms, and it is true as to specific actions. That is why President Trump has fared so badly in court; because so many of his actions have been clearly unlawful, and because that is clear to jurists of all stripes.” Law Professor Kate Shaw, at 3.
• “As of last Friday, the 46 cases in which district judges have blocked Trump policies have involved rulings by 39 different judges appointed by five different presidents and sitting in 11 different district courts across seven circuits. That includes nine cases before district judges appointed by Republican presidents, too.” Law Professor Steve Vladeck at 2-3.
• “…[F]ederal courts have long and routinely issued relief that benefits non-parties and/or has nationwide effect. […] Even Justice Gorsuch, the most visible critic of nationwide injunctions on the Supreme Court, has voted in favor of them at least 11 times since 2020. More than that, any time that a court invalidates a law on its face (rather than as applied to the plaintiffs), it is necessarily providing relief to non-parties—since the law can no longer be enforced against anyone.” Vladeck at 3.

Put plainly, Republicans are taking aim at district court judges’ ability to issue “nationwide” injunctions because they have prevented many of this administration’s most dangerous, radical and lawless actions from taking immediate effect and causing harm. The Supreme Court used this tool as early as 1913, and federal courts at all levels have used it in various circumstances over the years since in order to ensure the fair administration of justice. 

Relevant bills to watch as these efforts continue include:

House of Representatives

• Republican Representative Darrell Issa has introduced H.R. 1526 the No Rogue Rulings Act (NORRA) of 2025. It passed out of the House Judiciary Committee by a 14-9 party-line vote on March 5th. 
  • What’s Next: The bill was originally scheduled to be voted on the week of March 31st and, although the floor schedule was pulled after Speaker Johnson was unable to overcome a revolt within his own party on an unrelated measure, it is expected to be rescheduled soon.

Senate

• Three relevant bills have been introduced by Senators in the last two weeks. Senator Josh Hawley, Senator Mike Lee, and SJC Chair Chuck Grassley have recently each introduced bills purporting to respond to the increase in nationwide injunctions.
  • What’s Next: Unclear. None of these bills have been advanced by SJC.

Again, given the unprecedented moment we are in, these efforts must be seen as nothing more than a power grab by Trump and his far-right allies. No member of Congress should endorse removing these guardrails and giving Trump and Musk a blank check to dismantle our rights and democracy.