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Senator Kennedy’s Stand Against Judicial Overreach: Unmasking the Abuse of Nationwide Injunctions
Senator John Kennedy (R-La.) has unleashed a fiery rebuke of federal judges issuing unlawful nationwide injunctions, spotlighting a crisis of judicial overreach that’s shackling President Trump’s agenda. Speaking on Fox News on March 31, 2025, Kennedy declared, “District judges’ abuse of nationwide injunctions has hobbled the executive branch and raised serious questions regarding the lower courts’ appropriate jurisdictional realm.” This isn’t just rhetoric—it’s a clarion call to rein in a judiciary run amok, wielding power it doesn’t constitutionally possess.
Federal judges derive authority from Article III, empowered to resolve “cases” and “controversies” with equitable remedies like injunctions—historically limited to the parties before them. The Judiciary Act of 1789 and the Administrative Procedure Act (APA) grant no explicit power to issue sweeping, nationwide injunctions that halt executive policy across all 50 states. Justice Clarence Thomas, in Trump v. Hawaii (2018), nailed it: “I am skeptical that district courts have the authority to enter universal injunctions… No persuasive defense has yet been offered for the practice.” Kennedy echoes this—judges aren’t mini-legislators; they can’t usurp Article II executive power or Article I’s lawmaking domain. Yet, they’re doing it, and it’s a modern plague.
“Unlawful Nationwide Injunctions by Radical Left Judges could very well lead to the destruction of our Country!” —Trump
Historically, nationwide injunctions were rare before the 1960s—zero recorded instances of district judges unilaterally blocking federal policy nationwide, per Heritage Foundation analysis. Under George W. Bush, 12 hit; Obama faced 12; Trump’s first term saw a staggering 64! Now, in Trump’s second term, over 40 injunctions have struck since January 20, 2025—15 in February alone, per Acting Solicitor General Sarah Harris’s March 16 filing: “Lower-court judges issued 15 nationwide blocks of Trump administration actions in February.” That’s a 300% surge from Obama’s early years, dwarfing historical norms when injunctions stayed local.
Judges like James Boasberg in D.C., blocking Venezuelan deportations, or three others halting Trump’s birthright citizenship order, act as rogue policymakers.
Harris warned the Supreme Court, “Only this Court’s intervention can prevent universal injunctions from becoming universally acceptable.” Trump raged on Truth Social, “Unlawful Nationwide Injunctions by Radical Left Judges could very well lead to the destruction of our Country!”
Kennedy’s right: this isn’t judicial restraint—it’s judicial tyranny, shredding separation of powers. With 90% of these blocks from opposing-party judges, it’s partisan warfare from the bench.
Congress must curb this, or the electorate’s will—Trump’s mandate—dies under black robes.
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