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By Jenna Sundel
News Reporter
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Republican U.S. Senator Josh Hawley of Missouri on Wednesday urged Congress to stifle a power held by federal judges.
"Congress needs to roll back the nationwide injunction. These district court judges are out of control," Hawley wrote on X.
Why It Matters
Federal judges have used nationwide injunctions to block several actions taken by President Donald Trump's administration, including executive orders ending birthright citizenship and freezing foreign aid.
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What To Know
The Justice Department has appealed to the Supreme Court to narrow nationwide injunctions issued by judges in Maryland, Massachusetts and Washington. The injunctions prohibit the nationwide enforcement of Trump's executive order on birthright citizenship.
"Years of experience have shown that the Executive Branch cannot properly perform its functions if any judge anywhere can enjoin every presidential action everywhere," attorney Sarah Harris wrote in the emergency appeal.
What Are Nationwide Injunctions?
A nationwide injunction, also known as a universal injunction, is a form of relief granted to a plaintiff that restricts the federal government from enforcing a statute or regulation. These injunctions go beyond the parties involved in the lawsuit and apply to everyone who might be affected by the government action.
The issuance of nationwide injunctions gained momentum during former President Barack Obama's administration and has since been escalating.
What Is Birthright Citizenship?
Birthright citizenship is a principle used in several countries that grants citizenship to anyone born on that nation's soil. It was instituted in the U.S. by the 14th Amendment, which was adopted in 1868.
Can Trump Revoke Birthright Citizenship?
The debate over whether birthright citizenship can be revoked through executive action is ongoing. Trump is facing lawsuits challenging the legality of his executive order in multiple federal courts.
Hawley's Background
Hawley was first elected to the Senate in 2018, defeating incumbent Claire McCaskill. He was reelected in 2024.
Hawley served as the attorney general of Missouri from 2017 to 2019.
What People Are Saying
Utah Senator Mike Lee, on X: "Never in a million years would the Founders and authors of the Constitution have thought that random federal judges had authority over the President's hiring and firing decisions. This will not stand."
What Happens Next
The Supreme Court set an April 4 deadline for a response to the Justice Department's emergency appeal.
Federal justices' power to issue nationwide injunctions will face further scrutiny, as several executive actions remain blocked.
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