June 27, 2025, Fairfax, Va.—Americans for Limited Government Executive Director Robert Romano today issued the following statement praising the U.S. Supreme Court’s decision in Trump v. CASA, Inc. striking down universal injunctions:
“The Supreme Court has wisely determined in a 6-3 decision that lower courts lack authority to issue universal injunctions against executive orders or laws, and that injunctions can only apply to parties in a case. For too long, courts have used universal injunctions as speed bumps to slow down a President or Congress’ policies and laws, often merely delaying application of those policies and laws when they are later upheld. Universal injunctions were tipping the scales against the separation of powers and in favor of judicial supremacy, where all actions by the elected branches would first have to be submitted to unelected judges for ‘approval’ before implementation.
“Often in cases, the execution of laws must be considered by courts. But with universal injunctions, the policies or laws being challenged never are allowed to be implemented to better gauge their constitutionality or even become ripe for complaint, harming analysis into whether claims are justiciable. Universal injunctions were leaving higher courts with less evidence to analyze how a policy or law’s execution either ran afoul of the Constitution or law, or was in alignment with it. All that’s left after a universal injunction is for a higher court to issue a hypothetical opinion without the benefit of allowing execution to play out and for all sides of a case to be fully argued with the benefit of experience. Today, the Court has restored the limited judicial powers conferred under the Constitution and federal law.”
Attachments:
Trump v. CASA, Inc., June 27, 2025: “Universal injunctions likely exceed the equitable authority that Congress has given to federal courts… Because the universal injunction lacks a historical pedigree, it falls outside the bounds of a federal court’s equitable authority under the Judiciary Act,” https://www.supremecourt.gov/opinions/24pdf/24a884_8n59.pdf
For media availability contact Americans for Limited Government at media@limitgov.org.
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