Nationwide injunctions — once unknown in American legal tradition — have exploded in popularity, driven by single federal district court judges eager to block policies enacted by the political branches. Supreme Court justices appointed by presidents of both parties have raised alarms about the trend.
Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett have criticized these injunctions in written opinions. Chief Justice John Roberts and Justice Elena Kagan have raised similar concerns in public comments. In the 2018 Trump v. Hawaii decision, Thomas called them “legally and historically dubious.” Speaking at a Ninth Circuit judicial conference, Kagan reportedly remarked, “It just can’t be right that one district judge can stop a nationwide policy in its tracks and leave it stopped for
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