End Nationwide Injunctions: Why Are These Judges Allowed to Undermine Presidential Authority?

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[Sen./Rep.] [FIRST NAME] [LAST NAME]
Washington, DC

Dear [Sen./Rep.] [LAST NAME]:

Dear Congress Member

I am writing to urge your support for Senator Josh Hawley's bill, introduced on March 24, 2025, to restrict district court judges from issuing nationwide injunctions. This legislation addresses a critical issue that undermines the executive branch's authority and disrupts the balance of power in our government. As your constituent, I strongly believe this bill is necessary to protect the president's ability to carry out his constitutional duties and to curb judicial overreach that has gone unchecked for too long.

Nationwide injunctions allow a single district court judge to halt a federal policy across the entire country, often with devastating consequences for the executive branch's ability to function. Senator Hawley has rightly pointed out that unelected judges are usurping the authority of a duly-elected president, dictating national policy for 330 million Americans. This is a dramatic abuse of judicial authority. For example, Chief Judge James Boasberg's March 2025 oral order, as reported by CNBC, demanded the Department of Justice turn around planes carrying alleged Venezuelan gang members deported under the Alien Enemies Act—a clear wartime law. How can one judge override a statute and derail national security efforts mid-flight? During the Trump administration, nearly 40 such injunctions blocked policies like border wall funding and asylum rules, according to a Senate Republican Policy Committee report, compared to 20 over Obama's eight years. This pattern of interference must stop.

The Constitution establishes three branches of government to keep each other in check. The judicial branch interprets laws, while the executive branch, led by the president, enforces them through executive orders and policy implementation. When judges issue nationwide injunctions, they exceed their role, preventing the president from fulfilling his duties. Alexander Hamilton in Federalist 78 warned that the judiciary, as the "weakest" branch, should not overpower the others. Yet, these injunctions allow a single judge to control national policy, a role far beyond interpretation. How can we allow this to continue when it undermines the democratic will expressed through the president's election?

The constitutionality of nationwide injunctions is unresolved, with no definitive Supreme Court ruling as of today, March 25, 2025. Justice Clarence Thomas, in his 2018 concurrence in Trump v. Hawaii, questioned their legality, noting a lack of historical precedent. Critics, including Professor Samuel Bray in a 2023 Judicature article, argue they encourage forum-shopping and prevent legal "percolation" through lower courts, as noted in a 2024 Harvard Law Review piece. This uncertainty fuels judicial overreach, threatening governmental stability. Congress must act now to settle this issue before more damage is done.

Senator Hawley's bill would restrict district courts from issuing nationwide injunctions, reserving such broad relief for higher courts like appeals courts or the Supreme Court. This ensures that only courts with broader oversight can issue sweeping orders, protecting the executive branch from constant interference. The president must be able to carry out his constitutional duties without a single judge derailing national policy on a whim. Supporting this bill will restore balance to our government and uphold the separation of powers.

I urge you to vote in favor of Senator Hawley's bill and to encourage your colleagues to do the same. The time to act is now—before judicial overreach further erodes the executive branch's authority and the stability of our democratic system. Thank you for your attention to this critical matter, and I look forward to your support for this legislation.

Sincerely,
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End Nationwide Injunctions: Why Are These Judges Allowed to Undermine Presidential Authority?

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