90 Miles From Tyranny : BILL BARR USED THIS ONE FIGURE TO PROVE NATIONWIDE INJUNCTIONS ARE A PROBLEM

Wednesday, May 22, 2019

BILL BARR USED THIS ONE FIGURE TO PROVE NATIONWIDE INJUNCTIONS ARE A PROBLEM


Attorney General William Barr condemned the rise of nationwide injunctions Tuesday, saying such sweeping orders undermine the rule of law.

Nationwide injunctions prohibit the federal government from enforcing a particular law or policy across the entire country. Progressive cause lawyering groups have used such injunctions to stymie a wide array of Trump policy priorities.

“Since President Trump took office, federal district courts have issued 37 nationwide injunctions against the executive branch — that’s more than one a month,” Barr said during a Tuesday evening speech to the American Law Institute.

“According to the [Justice] Department’s best estimates, courts issued only 27 nationwide injunctions­ in all of the 20th century,” he added, before bristling at the notion that the disparity is a function of the president’s “lawlessness.”

Barr cited the Trump administration’s attempt to rescind the Deferred Action for Childhood Arrivals (DACA) program as the starkest example of a nationwide injunction’s harmful effects. After the government took steps to end terminate DACA in 2017, three federal trial judges entered injunctions requiring that Trump maintain the program.

Appeals of those injunctions have since reached the Supreme Court, though the justices have declined to broach the issue for months. As a result, Barr says the nationwide injunctions have paralyzed political debates around immigration, culminating in the 35-day...

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