The Trump administration will begin challenging nationwide injunctions by federal judges, according to a speech by Vice President Mike Pence before the Federalist Society.
District court judges have previously issued injunctions on several administration initiatives, such as an injunction on the ban on individuals from majority-Muslim countries entering the U.S. in 2017, and one on a rule to bar organizations that provide abortion referrals from receiving federal funding last month.
“A Supreme Court Justice has to convince four of his colleagues to uphold a nationwide injunction — but a single district court judge can issue one, effectively preventing the duly-elected President of the United States from fulfilling his constitutional duties,” Pence said in his speech, according to prepared remarks.
However, appeals courts may also overturn injunctions. Just this week, the 9th Circuit Court of Appeals sided with the government, allowing the administration to continue the controversial policy that requires immigrants to stay in Mexico while they await immigration court hearings after a district court judge had halted the practice.
“Although we received some good news last night, that the 9th Circuit stayed an injunction to allow our administration to continue our “remain in Mexico” policy — our administration has been unfairly hit with more nationwide injunctions than the first 40 American presidents — combined,” Pence said, acknowledging the 9th Circuit ruling.
“The Supreme Court of the United States must clarify that district judges can decide no more than the cases before them,” Pence argued. “In the days ahead, our administration will seek opportunities to put this question before the Supreme Court.”
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