House Judiciary Chair Jim Jordan (R-Ohio) encouraged congressional appropriators to include language to “enhance judicial restraint” as the party contemplates bills to limit nationwide injunctions against President Trump's executive orders.
The letter from Jordan to House Appropriations Chair Tom Cole (R-Okla.) argues a series of court injunctions that have blocked Trump administration policies “call for a comprehensive response from Congress.”
”When a single district court judge halts a law or policy across the entire country—especially when done as a temporary restraining order without any fact-finding—it can undermine the federal policymaking process and erode the ability of popularly elected officials to serve their constituents,” Jordan wrote.
The letter is the latest in a string of GOP pushes to limit judicial reach after a number of court rulings temporarily blocking Trump policies amid broader legal battles.
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The latest in politics and policy. Direct to your inbox. Sign up for the 12:30 Report newsletter SubscribeThat includes a recent ruling from U.S. District Court Judge James Boasberg temporarily blocking the Trump administration from using the Alien Enemies Act to deport Venezuelans to a prison in El Salvador.
Jordan's letter asks Cole to “consider language prohibiting the use of taxpayer dollars and federal resources to issue or enforce these overbroad injunctions beyond the specific parties in front of an issuing court in a particular case.”
It’s unclear the extent federal funding is used to enforce injunctions, but the judicial branch does receive federal funding.
The letter from Jordan comes as Senate Judiciary Chair Chuck Grassley (R-Iowa) introduced a similar bill Monday night seeking to bar injunctions beyond the parties involved in the suit.
While Republican voices have criticized judges who issue nationwide injunctions as “activist judges,” the injunctions themselves are designed to prevent additional parties from being harmed by a potentially unlawful policy or action even if they did not sue.
Doing so could also create confusion in enforcement, as a select few individuals wouldn’t be subject to a new law or policy while the rest of the country would be.
Jordan’s letter references other Trump policies currently held up by injunctions, noting that a judge in California blocked the administration’s firing of probationary employees — those hired within the last year or two, depending on the agency.
The House is expected to consider this week similar legislation that would also limit judges' abilities to impose nationwide injunctions.
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