House Judiciary Committee Chairman Bob Goodlatte (R-VA) introduced the Injunctive Authority Clarification Act to stop federal courts from sweeping injunctions against the enforcement of federal law regardless of Republican or Democrat politics. It will instead limit injunctions to the parties presenting their case before the court. According to Rep. Goodlatte’s office, mark-up is expected this week. Recall that the Constitution gives clear authority to Congress, via Article III, to “ordain and establish” appellate courts. The practical effect of this clause as clarified in cases since ratification is that Congress has a check on the power of the federal courts. This is a clear response to overreaching federal judges who have taken it upon themselves to nullify just about anything that does suit their fancy. And it’s answer that’s long overdue.
Here’s more from Washington Examiner…
Rep. Bob Goodlatte, R-Va., has introduced legislation that would stop federal courts from issuing sweeping orders that block the enforcement of federal policies across the country directed by both Republicans and Democrats.
Goodlatte, the chairman of the House Judiciary Committee, introduced the Injunctive Authority Clarification Act late last week. The committee is expected to mark up the bill this week, according to Goodlatte’s office. It held a hearing examining the impact of nationwide injunctions in November.
If the legislation is passed and signed into law, injunctions issued by a federal court could extend only to the parties before it, not to the entire nation.
“The Constitution gives courts the authority to decide cases for the parties before them, not to act as super-legislators for everyone across the country based on a single case,” Goodlatte said in a statement. “It simply cannot be the law that opponents of government action can seek a preliminary injunction and lose in 93 of the 94 judicial districts, win one injunction in the 94th, and through that injunction obtain a stay of government action nationwide despite it being upheld elsewhere.”