Sen. John Kennedy (R-La.) voiced concerns about universal injunctions in a Fox News op-ed published through his Senate office, arguing that the Supreme Court should eliminate the practice.
Why it matters: Kennedy, who has served in the Senate since 2017, characterized universal injunctions as granting "extraordinary power" to individual district judges, allowing "one rogue judge" to nullify laws or policies nationwide.
Between the lines: Kennedy framed the issue as non-partisan, noting that Justices across the ideological spectrum including Neil Gorsuch, Clarence Thomas, and Elena Kagan have expressed concerns about these broad judicial powers.
What they’re saying: "The widespread use of universal injunctions by district judges poses a threat to the stability of the judiciary and our system of government," Kennedy wrote, adding that both Biden and Trump administration Solicitors General have asked the Supreme Court to address the practice.
The big picture: As a member of the Senate Judiciary Committee, Kennedy sits on the panel with direct oversight of federal courts and judicial procedures, giving him a platform to influence discussions about judicial remedies and court powers.
What’s next: Kennedy hopes the Supreme Court will use the case of Trump v. CASA, Inc. as an opportunity to end universal injunctions, though he hasn’t introduced or cosponsored legislation on the issue himself.
The bottom line: Kennedy’s stance aligns with growing concerns from both conservative and liberal legal experts about whether district courts should have the power to block federal policies nationwide through universal injunctions.