Justice Thomas Warns Against Power Grab by District Courts

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.

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