Overview

• At a Senate Judiciary subcommittee hearing on June 3, Sen. Josh Hawley pressed UPenn law professor Kate Shaw on why district judges have issued a record number of nationwide injunctions blocking President Trump’s policies.
• Hawley presented data showing injunctions against Trump far exceed those issued under other recent presidents and argued judges invoke them selectively based on the president’s party.
• Shaw replied that the high volume of injunctions plausibly reflects more lawless activity by the administration and cited legal scholarship tracing the practice back to the early 20th century.
• The Missouri senator accused Shaw of hypocrisy by highlighting her past criticisms of injunctions used against the Biden administration, saying her stance shifted with the party in the White House.
• Shaw warned that recent attacks by government officials on federal judges represent an unprecedented threat to judicial independence and risk leaving the presidency without meaningful constraints.