Senators are eager for the Supreme Court to issue some clarity on whether lower courts can block policies nationwide. If they don’t get it as part of the current birthright citizenship case, some lawmakers hope to take action themselves.
“If the Supreme Court won’t clarify it … then Congress ought to,” Sen. Josh Hawley, a member of the Senate Judiciary Committee, told NOTUS. “We ought to make clear that district courts cannot bind parties who are not in front of them. And that’s true for whoever appoints them, Democrat or Republican.”
Nationwide injunctions — rulings that impact an entire group, not just those specifically involved in a case — have been used to uphold individual constitutional rights. Republicans, in particular, have objected to nationwide injunctions due to the overwhelming number issued against President Donald Trump’s policies: at least 86 during his first term and at least 25 in his second, according to the Congressional Research Service.