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Supreme Court Decision Prompts Justice Department to Revisit Nationwide Injunctions

The June 26 opinion curtails courts’ power to impose universal injunctions, forcing lower judges to reassess dozens of blocks on Trump administration measures.

The Supreme Court is seen from the US Capitol in Washington, DC, on June 25.
Justice Ketanji Brown Jackson, second from right, listens as President Donald Trump speaks during his inauguration ceremonies at the Capitol in Washington, DC, on January 20.
Justices of the Supreme Court pose for their official photo at the Supreme Court in Washington, D.C., on Oct. 7, 2022. (OLIVIER DOULIERY/AFP/Getty Images North America/TNS)
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Overview

  • The Justice Department is preparing to ask lower courts to revisit the scope of roughly 48 nationwide injunctions that have halted Trump administration policies.
  • President Trump has announced plans to promptly move forward with previously enjoined measures, including suspending refugee resettlement, freezing certain funding and barring federal payment for transgender surgeries.
  • The ruling sends the birthright citizenship disputes back to trial courts for reconsideration while delaying enforcement of the policy for at least 30 days.
  • Although future universal injunctions remain possible, the opinion raises procedural hurdles that are likely to steer litigants toward class actions and challenges under the Administrative Procedure Act.
  • Observers say the new standard could lead to a patchwork of state-by-state rulings and alter how courts check executive authority.