Facing Judicial Roadblocks, Senate GOP Proposes Bill to Challenge Court Limits on Trump

In a recent discussion, Republicans on the U.S. Senate Judiciary Committee tackled the ongoing issue of nationwide injunctions that have emerged against the Trump administration. The committee convened on Wednesday to deliberate a bill introduced by Iowa Senator Chuck Grassley, who leads the committee. This proposed legislation aims to prevent district court judges from issuing injunctions that extend nationwide.

Grassley argued that universal injunctions undermine both the judicial system and democracy itself. “We all have to agree to give up the universal injunction as a weapon against policies we disagree with,” he stated. According to testimony from Georgetown University Law Center’s Stephen Vladeck, as of last week, 39 judges spanning five presidents and 11 district courts across seven circuits have delivered rulings against the Trump administration.

Both President Trump and Republican allies in Congress have expressed frustration over these nationwide rulings, contending that they grant individual judges excessive power to impede the administration’s initiatives. Trump recently criticized judges on social media, particularly focusing on one who temporarily halted the use of the Alien Enemies Act regarding Venezuelan nationals.

Senate Majority Leader John Thune indicated that the committee is weighing Grassley’s proposal, although no commitment has been made for a vote on the Senate floor. In a parallel effort, House Republicans have introduced similar legislation.

Democrats have criticized the committee’s discussion, arguing that the prevalence of injunctions against the executive orders stems from their unconstitutional nature. Committee’s top Democrat, Senator Dick Durbin, pointed out the nationwide injunctions against Trump’s attempts to eliminate birthright citizenship as an example of this conflict.

Republicans labeled the multitude of injunctions as judicial activism. Missouri Senator Josh Hawley referred to these injunctions as unprecedented, characterizing them as a “pattern of abuse.” Florida Senator Ashley Moody expressed concerns over temporary restraining orders, noting that they generally lack the option for appeal.

Concerns regarding judicial safety were also raised during the hearing. Senators Amy Klobuchar and Sheldon Whitehouse highlighted the alarming rise in threats against judges. Whitehouse remarked that the backlash from Republicans towards preliminary injunctions may endanger judges and their families. He emphasized that the issue may stem from the “unprecedented lawlessness and lawbreaking of the Trump administration,” rather than a supposed conspiracy among judges.

Klobuchar criticized Trump for his derogatory language aimed at judges, reiterating that the underlying reason for many injunctions is the constitutional violations by the administration. She urged, “We do not live in a kingdom,” emphasizing the need for respect toward the judiciary’s role.

In a notable response to Trump’s characterization of judges, Chief Justice John Roberts issued a rare statement, reinforcing the principle that impeachment is not a suitable response to disagreements with judicial decision-making. “The normal appellate review process exists for that purpose,” Roberts clarified.

Jennifer Shutt contributed to this story.