Senator Josh Hawley (R-MO) has called on Congress to curtail federal judges’ authority to issue nationwide injunctions.
These sweeping court orders have increasingly been used to halt federal policies across the entire country, often based on the ruling of a single judge.
Senator Hawley argues that such injunctions undermine the separation of powers by allowing unelected judges to wield excessive influence over national policy.
He asserts that this practice disrupts the balance intended by the framers of the Constitution, granting the judiciary undue authority over the executive and legislative branches.
“Congress needs to roll back the nationwide injunction. These district court judges are out of control,” Hawley wrote.
Congress needs to roll back the nationwide injunction. These district court judges are out of control
— Josh Hawley (@HawleyMO) March 19, 2025
A nationwide injunction is a court order issued by a federal district court that halts the enforcement of a federal law or policy across the entire country, not just concerning the specific parties involved in the case.
This means that a single district judge can effectively block a federal policy from being implemented nationwide, even if the case is brought by a limited number of plaintiffs.
Congress should take action to limit the power of district courts in issuing nationwide injunctions. The objective is to restore balance and ensure that no single judge can unilaterally halt federal policies on a national scale without broader judicial consensus.
Hawley argues that limiting the use of nationwide injunctions will strengthen the rule of law and ensure that policy decisions are made by the elected representatives of the people rather than by individual judges.
This reform is essential to maintaining the checks and balances that are foundational to American democracy.
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