House Speaker Mike Johnson (R-LA) put a piece of statement legislation on the floor this week that will have little chance of making it through the Senate, but we can hope.
Rep. Darrell Issa (R-CA) introduced the legislation, called the No Rogue Rulings Act.
The legislation passed through the House along party lines.
The new legislation
The new bill would no longer allow district judges to issue nationwide injunctions, even if the matter is an issue that would impact the entire country.
This particular practice is what has been blocking President Donald Trump from being able to carry out many of his executive orders since taking office.
As soon as Trump has issued an order, someone has filed suit against him, and the case has generally landed in the lap of a Democrat-appointed judge, who then places a nationwide injunction against the administration.
Issa explained, “Since President Trump has returned to office, left-leaning activists have cooperated with ideological judges who they have sought out to take their cases and weaponize nationwide injunctions to stall dozens of lawful executive actions and initiatives.”
“These sweeping injunctions represent judicial activism at the worst,” he went on.
Rep. Pramila Jayapal (D-WA) responded, “My colleagues on the other side of the aisle want you to believe that somehow these nationwide injunctions being issued by courts across the country against Donald Trump’s illegal and unconstitutional actions are unfair.”
Jayapal continued, “Here’s the message: If you don’t like the injunctions, don’t do illegal, unconstitutional stuff. That simple.”
Trump has been hit more than any president in modern history with nationwide injunctions, with about 90% of them coming from Democrat-appointed judges.
For instance, the Bush administration had six nationwide injunctions, the Obama administration had 12, then Trump had 64 during his first term alone, a number that I already believe has been surpassed in his second term. If not, he is very close to it.
Now, a lot of that has to do with Trump firing off orders from the hip rather than checking them for the constitutionality, but Trump is also addressing issues never approached before, so they certainly expected to be challenged.
Having said that, I believe the process for executive order challenges is broken and needs to be fixed.
Why they are not immediately sent to the Supreme Court upon a challenge is baffling because that is where they all ultimately wind up.
In the meantime, time and millions of dollars are wasted in the lower courts giving decisions and issuing injunctions that really mean very little in the overall scheme of things.
This is something from which both sides of the aisle can benefit if we were able to streamline the process. However, the way Congress works today, they could not agree on what BBQ sauce to order with lunch, let alone pass meaningful legislation such as this in a bipartisan fashion.
This bill will now be forwarded to the Senate, where it will likely die, as the upper chamber already has similar legislation that was presented, but it has yet to be put on the floor.
Either way, the GOP does not have the support to get this legislation passed right now, so this was nothing more than a statement piece of legislation that will die on the shelf.
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Author: G. McConway
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