https://www.nationalreview.com/magazine/2025/06/injunction-dysfunction-is-a-threat-to-our-system/?utm_source=recirc-desktop&utm_medium=homepage&utm_campaign=top-of-nav&utm_content=hero-module
Nationwide rulings by judges in single districts distort American politics
Nationwide injunctions — or perhaps, as Justice Neil Gorsuch has acidly observed, we should call them “universal” or even “cosmic” injunctions — are a distortion of our constitutional order. Alas, they are proliferating because of other, more deeply seated distortions.
A nationwide injunction occurs when a single unelected judge, seated in just one of 94 federal districts throughout the nation — say, the District of Hawaii, home to just 0.4 percent of our population — issues a ruling that binds the entire country, forbidding the government (most often, the president through subordinate executive agencies) from executing a policy, regulation, or statutory interpretation.
A judge’s role in our system is vital but modest. As Chief Justice John Marshall admonished in Marbury v. Madison (1803), establishing the authority of courts to review the constitutionality of congressional statutes: “It is emphatically the duty of the Judicial Department to say what the law is.”
To say what the law is. Not to write or enforce it. The courts are the nonpolitical branch. It is not for them to make policy, the prerogative given to the political branches accountable to the people whose lives are affected. The judge’s burden is to dispose of cases or controversies — justiciable claims of concrete harm brought by a plaintiff allegedly aggrieved by the defendant — by saying what the law is. Because a court merely interprets the law within the four corners of the dispute, it settles the legal rights of the parties and nothing more.