Supreme Court Justice Clarence Thomas raised concerns Tuesday about the increasingly common use of nationwide injunctions issued by federal trial court judges to block laws and policies.
It has been a favorite tactic of liberal activist groups that fancy themselves part of the so-called resistance confronting President Donald Trump. If plaintiffs can get a U.S. District Court judge to grant an injunction and apply it nationwide, they can gum up Trump’s policies for months or longer — even if they ultimately lose the underlying case.
This is what happened Tuesday when the high court ruled 5-4 to uphold Trump’s temporary ban on travelers from seven countries he deemed a security risk. Before the ruling, however, lower courts had blocked previous versions of the executive order from taking effect.
Thomas suggested in a concurring opinion that judges are abusing their authority.