Tuesday, April 16, 2024
Hawai'i Free Press

Current Articles | Archives

Sunday, September 16, 2018
Hawaii v Trump: House Judiciary Committee Moves to Ban Nationwide Injunctions
By News Release @ 11:09 PM :: 4047 Views :: Judiciary

Goodlatte Introduces the Injunctive Authority Clarification Act of 2018

News Release from Office of Rep Bob Goodlatte, September 10, 2018

Washington, D.C. – House Judiciary Committee Chairman Bob Goodlatte (R-Va.) today announced the introduction of the Injunctive Authority Clarification Act of 2018 (H.R. 6730). The Committee intends to markup the legislation this week.

(UPDATE: The Committee marked up the bill Sept 13.  Next stop, House floor.)

The Injunctive Authority Clarification Act restores the traditional understanding that a federal court’s injunctive power extends only to the protection of the parties before it. The bill does not disturb longstanding exceptions to this principle explicitly recognized in the Federal Rules of Civil Procedure, most notably in class action lawsuits.

Below is the Chairman’s statement on the introduction of the Injunctive Authority Clarification Act.

Chairman Goodlatte: “Judicial overreach in the form of national injunctions has increasingly frustrated Administrations of both parties.  Although the Trump Administration has been the target of over 22 national injunctions to date, the practice took off in 2015 as a means of stopping major Obama Administration policies.

“The Constitution gives courts the authority to decide cases for the parties before them, not to act as super-legislators for everyone across the country based on a single case. It simply cannot be the law that opponents of government action can seek a preliminary injunction and lose in 93 of the 94 judicial districts, win one injunction in the 94th, and through that injunction obtain a stay of government action nationwide despite it being upheld everywhere else.

“The Injunctive Authority Clarification Act of 2018 restores the proper balance of power between the branches of government.  It has the support of a bipartisan group of some of America’s leading professors of remedies, federal courts, and administrative law, who recognize the compelling need for Congress to enact a limit on national injunctions. I am proud to introduce this legislation today addressing this bipartisan issue.”

Background: For the first 170 years of the Republic, there were no national injunctions precisely because courts recognized that they would go beyond the “judicial power.” Since then, there has been a gradual evolution that allowed the practice to avoid careful constitutional scrutiny, until now.

In June 2018, after examining the basis for national injunctions, Justice Thomas’s concurrence in Trump v. Hawaii concluded that in “sum, universal injunctions are legally and historically dubious. If federal courts continue to issue them, this Court is dutybound to adjudicate their authority to do so.”

National injunctions create what the Justice Department terms “an absurd situation in which a plaintiff only needs to win once to stop a national law or policy—but the government needs to win every time to carry out its policies. That makes governing all but impossible.” This creates a “shop till the statute drops” problem.

This past November, the House Judiciary Committee held a hearing entitled The Role and Impact of Nationwide Injunctions by District Courts.


HR6730: Text, Status

L360: House Panel Advances Bill To Bar Nationwide Injunctions

CIS: Do Nationwide Injunctions Violate Separation of Powers, and Usurp Other Jurists' Authority?


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute


Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui


Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii


National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport


OHA Lies

Opt Out Today


Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii



Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii


Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu


West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii