Washington, D.C. — Today, the U.S. Supreme Court placed new limits on the power of lower courts to issue nationwide injunctions. In response, Devon Ombres, senior director for Courts and Legal Policy at American Progress, issued the following statement:
This ruling from the far-right Supreme Court rubber-stamps President Donald Trump’s efforts to undermine our nation’s rule of law. It upends the very function of the Constitution and cedes unmeasured power to a president who chooses to act unconstitutionally. The ability to secure a nationwide injunction acts as an important check on the enormous power wielded by the federal government. Yet six justices just determined that the federal courts have no authority to fully check that power when the president issues sweeping orders that violate the constitutional rights of millions of Americans.
Those who wish to challenge the government’s infringement of their rights will now have to sue individually or undertake a lengthy and complex process of class action certification while the government is permitted to continue violating our rights unimpeded. It’s long past time for Congress to institute term limits on Supreme Court justices and take other urgently needed reforms to reestablish the courts as a meaningful check on government overreach.
For more information or to speak with an expert, please contact Sam Hananel at [email protected].