Politics

/

ArcaMax

Trump's court win opens a path to clear hurdles to his agenda

Zoe Tillman, Bloomberg News on

Published in Political News

WASHINGTON — The U.S. Supreme Court’s ruling curbing the power of judges to block government actions on a nationwide basis has raised questions about whether dozens of orders that have halted President Donald Trump’s policies will stand.

The conservative majority’s ruling Friday came in a fight over Trump’s plan to limit automatic birthright citizenship. But it may have far-reaching consequences for the ability of U.S. courts to issue orders that apply to anyone affected by a policy, not just the parties who filed lawsuits.

Judges entered nationwide preliminary orders halting Trump administration actions in at least four dozen of the 400 lawsuits filed since he took office in January, according to a Bloomberg News analysis. Some were later put on hold on appeal.

Nationwide orders currently in place include blocks on the administration’s revocation of foreign students’ legal status, freezes of domestic spending and foreign aid, funding cuts related to gender-affirming care and legal services for migrant children, and proof-of-citizenship rules for voting.

The Supreme Court’s new precedent doesn’t instantly invalidate injunctions in those cases. But the Justice Department could quickly ask federal judges to revisit the scope of these and other earlier orders in light of the opinion.

“Everything is fair game,” said Dan Huff, a lawyer who served in the White House counsel’s office during Trump’s first term.

A Justice Department spokesperson did not immediately return a request for comment. Trump said at a news conference in the White House Friday that the administration will “promptly file to proceed with numerous policies that have been wrongly enjoined on a nationwide basis.”

Trump listed cases that they would target, including suspending refugee resettlement, freezing unnecessary funding and “stopping federal taxpayers from paying for transgender surgeries.”

The Trump administration has made it a priority to contest court orders that block policies on a nationwide, or universal, basis, although the controversy over whether those types of rulings are an appropriate use of judicial power has been brewing for years. Conservative advocates won such orders when Democratic presidents were in office as well.

Noting the mounting pushback and debate, judges in dozens of other cases involving Trump’s policies have limited their orders against the administration to the parties that sued or within certain geographical boundaries.

Anastasia Boden, a senior attorney at the Pacific Legal Foundation whose practice includes suing the federal government, said she didn’t see the ruling as a total “retreat” from judges’ authority to enter universal orders going forward.

 

“It’s addressing the case where a plaintiff is getting relief that applies to everyone across the country merely because judges think that it’s an important issue,” she said. “But it doesn’t change the case where the plaintiff needs that relief.”

Boden offered the example of a challenge to government spending, in which the only way to halt an unlawful action would be to stop payment of federal dollars across the country, not just to individual plaintiffs or in certain areas.

Trump’s opponents say the justices’ decision still leaves them with multiple paths to sue the administration over actions they contend are unlawful and even to argue for nationwide relief.

Those options include class action lawsuits, cases seeking to set aside agency actions under a U.S. law known as the Administrative Procedure Act and even continuing to argue that nationwide relief is the only way to stop harm to individual plaintiffs, like parties did in the birthright citizenship cases.

But they also acknowledged the court significantly raised the burden of what they have to prove to win those types of orders.

“This is going to make it more challenging, more complicated, potentially more expensive to seek orders that more broadly stop illegal government action,” Cody Wofsy, deputy director of the ACLU Immigrants’ Rights Project, said. “It is watering down the power of federal courts to check government misconduct.”

The Supreme Court sent the birthright citizenship cases back to lower court judges to reconsider the scope of orders pausing Trump’s restrictions while the legal fight on its constitutionality continues. The justices did not rule on the core question of whether the policy itself is lawful. The administration can’t fully enforce the birthright policy for at least another 30 days.

Democratic state attorneys general involved in the birthright litigation highlighted language in Justice Amy Coney Barrett’s majority opinion that the court didn’t shut off the possibility that the states could still successfully argue for a nationwide order.

Speaking with reporters after the ruling, New Jersey Attorney General Matthew Platkin said that he and his Democratic colleagues would “assess” the effect on other cases. He said they already had been judicious in asking judges for nationwide relief as opposed to orders that restricted administration policies in specific states.

“The court confirmed what we’ve thought all along — nationwide relief should be limited, but it is available to states when appropriate,” Platkin said.


©2025 Bloomberg L.P. Visit bloomberg.com. Distributed by Tribune Content Agency, LLC.

 

Comments

blog comments powered by Disqus

 

Related Channels

ACLU

ACLU

By The ACLU
Amy Goodman

Amy Goodman

By Amy Goodman
Armstrong Williams

Armstrong Williams

By Armstrong Williams
Austin Bay

Austin Bay

By Austin Bay
Ben Shapiro

Ben Shapiro

By Ben Shapiro
Betsy McCaughey

Betsy McCaughey

By Betsy McCaughey
Bill Press

Bill Press

By Bill Press
Bonnie Jean Feldkamp

Bonnie Jean Feldkamp

By Bonnie Jean Feldkamp
Cal Thomas

Cal Thomas

By Cal Thomas
Christine Flowers

Christine Flowers

By Christine Flowers
Clarence Page

Clarence Page

By Clarence Page
Danny Tyree

Danny Tyree

By Danny Tyree
David Harsanyi

David Harsanyi

By David Harsanyi
Debra Saunders

Debra Saunders

By Debra Saunders
Dennis Prager

Dennis Prager

By Dennis Prager
Dick Polman

Dick Polman

By Dick Polman
Erick Erickson

Erick Erickson

By Erick Erickson
Froma Harrop

Froma Harrop

By Froma Harrop
Jacob Sullum

Jacob Sullum

By Jacob Sullum
Jamie Stiehm

Jamie Stiehm

By Jamie Stiehm
Jeff Robbins

Jeff Robbins

By Jeff Robbins
Jessica Johnson

Jessica Johnson

By Jessica Johnson
Jim Hightower

Jim Hightower

By Jim Hightower
Joe Conason

Joe Conason

By Joe Conason
Joe Guzzardi

Joe Guzzardi

By Joe Guzzardi
John Micek

John Micek

By John Micek
John Stossel

John Stossel

By John Stossel
Josh Hammer

Josh Hammer

By Josh Hammer
Judge Andrew Napolitano

Judge Andrew Napolitano

By Judge Andrew P. Napolitano
Laura Hollis

Laura Hollis

By Laura Hollis
Marc Munroe Dion

Marc Munroe Dion

By Marc Munroe Dion
Michael Barone

Michael Barone

By Michael Barone
Mona Charen

Mona Charen

By Mona Charen
Rachel Marsden

Rachel Marsden

By Rachel Marsden
Rich Lowry

Rich Lowry

By Rich Lowry
Robert B. Reich

Robert B. Reich

By Robert B. Reich
Ruben Navarrett Jr

Ruben Navarrett Jr

By Ruben Navarrett Jr.
Ruth Marcus

Ruth Marcus

By Ruth Marcus
S.E. Cupp

S.E. Cupp

By S.E. Cupp
Salena Zito

Salena Zito

By Salena Zito
Star Parker

Star Parker

By Star Parker
Stephen Moore

Stephen Moore

By Stephen Moore
Susan Estrich

Susan Estrich

By Susan Estrich
Ted Rall

Ted Rall

By Ted Rall
Terence P. Jeffrey

Terence P. Jeffrey

By Terence P. Jeffrey
Tim Graham

Tim Graham

By Tim Graham
Tom Purcell

Tom Purcell

By Tom Purcell
Veronique de Rugy

Veronique de Rugy

By Veronique de Rugy
Victor Joecks

Victor Joecks

By Victor Joecks
Wayne Allyn Root

Wayne Allyn Root

By Wayne Allyn Root

Comics

Andy Marlette Tom Stiglich Dave Whamond Dick Wright Tim Campbell Mike Smith