Senator Chuck Grassley (R-Iowa), chair of the Senate Judiciary Committee, introduced a bill on Monday aimed at restricting the power of judges. This move is part of a larger effort by Republicans to target the judicial branch.
The bill would limit the impact of court rulings to just the parties involved in a case. In other words, if a judge issues a ruling, it would only apply to those who brought the lawsuit, not to others who may be affected but did not sue. Additionally, the bill would require people who want to represent a larger group to file class-action lawsuits.
If passed, this bill could affect several lawsuits challenging policies from the Trump administration. One example is a recent case where a judge temporarily blocked the government’s plan to deport Venezuelan migrants under the Alien Enemies Act. The judge, James Boasberg, was appointed by President Obama and is overseeing a lawsuit brought by five Venezuelan migrants. Grassley’s bill would limit the impact of such rulings, meaning that only these five individuals would benefit from the judge’s decision, not others in a similar situation.
Grassley argues that individual judges should not be able to make decisions that affect the entire country. He believes that the Constitution gives judges the power to rule only on specific cases, not to make national policy. He said, “Judges are not policymakers, and allowing them to assume this role is very dangerous.”
The bill is designed to clarify judicial power and prevent judges from overstepping their bounds. Grassley believes this is a necessary step to protect the balance of power among the branches of government.
Critics of nationwide injunctions, like Grassley, argue that judges who issue them are overreaching. However, nationwide injunctions are often used to stop policies that might harm people who are not part of a lawsuit but could still be affected by an unlawful action. Without them, some people could be harmed by policies before they have a chance to challenge them in court.
While Grassley’s bill would limit the reach of judicial orders, it would also make it easier for the government to appeal temporary rulings. For example, under the bill, the Trump administration could quickly appeal a judge’s temporary order, like the one blocking deportations, rather than waiting until a case is fully decided.
If Grassley’s bill becomes law, it would have a significant impact on ongoing lawsuits challenging Trump administration policies, especially those involving national security and immigration.
