President Trump is attempting to stop the lower courts from being able to issue wide-ranging injunctions which would effectively limit the authority of judges.
The plan comes as groups opposed to Trump have been able to get several of his policies, including those seeking to limit immigration, put on hold by nationwide orders issued by lower courts in battles that were eventually decided by the Supreme Court.
Advocacy groups that have pushed judges to issue nationwide injunctions say they are necessary to protect people from policies they see as harmful, and some legal experts agree, arguing that the right to issue such actions is protected under the Constitution.
But opponents argue that injunctions should be applied more narrowly to groups that are directly impacted, saying the more liberal use of injunctions is hurting the judicial system.
Vice President Pence this week brought the issue front and center, saying in a speech to the conservative Federalist Society that the administration has been “unfairly” targeted by injunctions — and promising to unveil in coming days pathways to put the issue before the Supreme Court.
“So I say to all those gathered here: For the sake of our liberty, our security, our prosperity and the separation of powers, this era of judicial activism must come to an end,” Pence said. “The Supreme Court of the United States must clarify that district judges can decide no more than the cases before them.”
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