Attorney General Bill Barr calls for an end to nationwide injunctions

Make sure to let us know what you think... we now have comments turned ON below the article!

Though the practice most certainly isn’t new, there has been a noticeable uptick since President Donald Trump took office in federal district judges issuing nationwide injunctions that put a freeze on the implementation of policies that touch on important — and, at times, partisan — issues.

But Attorney General William Barr has apparently seen enough of that. According to The Washington Examiner, he’s calling for the judicial branch to rein in the activist judges and refrain from issuing any further injunctions.

Not the Founders’ intention

Barr made his demand known in an op-ed published by The Wall Street Journal.

The attorney general wrote that the injunctions “create an unfair, one-way system in which the democratically accountable government must fend off case after case to put its policy into effect, while those challenging the policy need only find a single sympathetic judge.”

Hearkening back to the founding of our nation and the framers of the Constitution, the attorney general suggested that the courts were never intended to “act as a ‘council of revision’ with sweeping authority to reach beyond concrete controversies and rule on the legality of actions taken by the political branches.”

Trump v. Obama

Of course, nationwide injunctions have been issued against prior administrations, both Democrat and Republican alike, but the frequency of the use of that judicial tool has risen dramatically since President Trump took office in January 2017.

In fact, Barr noted, only 20 nationwide injunctions were issued during the eight years former President Barack Obama held office. In comparison, there have already been at least 40 such injunctions issued in the two-and-a-half years since Trump was sworn in.

Alongside partisan activists dedicated to opposing the Trump administration’s every move, Barr wrote, “shrewd lawyers have learned to ‘shop’ for a sympathetic judge willing to issue such an injunction.”

Indeed, “these days, virtually every significant congressional or presidential initiative is enjoined — often within hours — threatening our democratic system and undermining the rule of law,” Barr added. The AG warned Democrats that, while injunctions could be serving their partisan agenda at the moment, there could easily come a day when a future blue administration faces the same opposition.

Legal limbo

While there are a plethora of enjoined cases to highlight — such as the injunctions against Trump’s security-related travel ban or the restrictions against transgender military service — Barr pointed out that the “best example” of the sort of “harm” caused by nationwide injunctions was the one imposed against the administration’s attempt to end the Deferred Action for Childhood Arrivals (DACA) program, which had been created by Obama via executive order.

In Barr’s view, that summary injunction undermined any possibility of a compromise on immigration and border security policies that could have included DACA as part of a deal, and instead, left program enrollees in a state of “legal limbo” while the appeals process slowly but surely reaches the Supreme Court for a final decision.

“It is indeed well past time for our judiciary to re-examine a practice that embitters the political life of the nation, flouts constitutional principles, and stultifies sound judicial administration, all at the cost of public confidence in our institutions,” Barr wrote. And I couldn’t agree more.

268 Responses

  1. I’m really inspired along with your writing skills as well as with the structure in your weblog. Is this a paid topic or did you modify it your self? Either way stay up the nice quality writing, it is uncommon to see a nice weblog like this one these days..

  2. A motivating discussion is definitely worth comment. I do think that you ought to publish more about this subject, it might not be a taboo subject but typically people do not speak about such subjects. To the next! Kind regards!!

  3. Wonderful goods from you, man. I’ve understand your stuff previous to and you are just extremely fantastic. I actually like what you’ve acquired here, really like what you are saying and the way in which you say it. You make it entertaining and you still care for to keep it wise. I can not wait to read far more from you. This is actually a great site.|

  4. Howdy just wanted to give you a quick heads up and let you know a few of the pictures aren’t loading properly. I’m not sure why but I think its a linking issue. I’ve tried it in two different web browsers and both show the same results.

  5. Very nice post. I just stumbled upon your blog and wanted to say that I have really enjoyed surfing around your blog posts. In any case I’ll be subscribing to your rss feed and I hope you write again very soon!|

  6. Superb blog! Do you have any suggestions for aspiring writers? I’m planning to start my own site soon but I’m a little lost on everything. Would you suggest starting with a free platform like WordPress or go for a paid option? There are so many options out there that I’m totally confused .. Any suggestions? Thanks!

  7. When I initially commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get several emails with the same comment. Is there any way you can remove me from that service? Thanks a lot!|

  8. Have you ever thought about including a little bit more than just your articles? I mean, what you say is important and everything. But imagine if you added some great pictures or videos to give your posts more, “pop”! Your content is excellent but with pics and videos, this website could undeniably be one of the most beneficial in its niche. Amazing blog!

  9. I have to show thanks to this writer for rescuing me from this particular dilemma. As a result of researching throughout the search engines and meeting proposals which were not pleasant, I thought my entire life was over. Being alive minus the answers to the issues you’ve fixed all through your main guide is a serious case, as well as those that could have adversely affected my entire career if I hadn’t come across your web site. The talents and kindness in playing with every item was useful. I am not sure what I would have done if I hadn’t come upon such a stuff like this. I am able to now relish my future. Thanks for your time very much for your professional and sensible guide. I will not be reluctant to endorse your blog to anyone who desires guide on this situation.

  10. Hi, I do believe this is a great blog. I stumbledupon it 😉 I am going to return yet again since I saved as a favorite it. Money and freedom is the greatest way to change, may you be rich and continue to help other people.

  11. When I originally left a comment I appear to have clicked the -Notify me when new comments are added- checkbox and from now on whenever a comment is added I recieve four emails with the exact same comment. Is there an easy method you can remove me from that service? Thanks a lot!

  12. Excellent blog! Do you have any hints for aspiring writers? I’m planning to start my own website soon but I’m a little lost on everything. Would you recommend starting with a free platform like WordPress or go for a paid option? There are so many options out there that I’m totally confused .. Any recommendations? Thanks!

  13. Hello, Neat post. There is an issue along with your web site in web explorer, could check this? IE still is the market chief and a large element of other folks will miss your excellent writing because of this problem.|

  14. Hello there! I could have sworn I’ve visited this site before but after looking at many of the articles I realized it’s new to me. Nonetheless, I’m definitely pleased I came across it and I’ll be bookmarking it and checking back regularly!

  15. Great beat ! I would like to apprentice at the same time as you amend your web site, how can i subscribe for a blog web site? The account helped me a applicable deal. I were a little bit acquainted of this your broadcast provided vivid clear idea|

  16. Thank you for the sensible critique. Me & my neighbor were just preparing to do some research on this. We got a grab a book from our area library but I think I learned more from this post. I am very glad to see such magnificent info being shared freely out there.

Leave a Reply

Your email address will not be published.