The Epidemic of Judge-Made Law

By issuing nationwide injunctions against executive action, federal district courts are exercising too much power.

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Last month alone, district court judges issued 15 temporary restraining orders halting actions of the Trump administration. That’s more restraining orders than were issued during the first three years of the Biden administration. So far, district courts have blocked an extraordinary range of executive actions, ranging from the attempted repeal of birthright citizenship and a bid to end “diversity, equity, and inclusion” programs to an effort to take down government web pages that discuss sex-change operations.

Former House Speaker Newt Gingrich calls it an “emerging dictatorship of district court judges.”

John Fund

About the Author

John Fund

John Fund is National Review’s national-affairs reporter.

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