Historically, nationwide injunctions were rare before the 1960s—zero recorded instances of district judges unilaterally blocking federal policy nationwide, per Heritage Foundation analysis. Under George W. Bush, 12 hit; Obama faced 12; Trump’s first term saw a staggering 64! Now, in Trump’s second term, over 40 injunctions have struck since January 20, 2025—15 in February alone, per Acting Solicitor General Sarah Harris’s March 16 filing: “Lower-court judges issued 15 nationwide blocks of Trump administration actions in February.” That’s a 300% surge from Obama’s early years, dwarfing historical norms when injunctions stayed local.
Judges like James Boasberg in D.C., blocking Venezuelan deportations, or three others halting Trump’s birthright citizenship order, act as rogue policymakers.
Harris warned the Supreme Court, “Only this Court’s intervention can prevent universal injunctions from becoming universally acceptable.” Trump raged on Truth Social, “Unlawful Nationwide Injunctions by Radical Left Judges could very well lead to the destruction of our Country!”
Kennedy’s right: this isn’t judicial restraint—it’s judicial tyranny, shredding separation of powers. With 90% of these blocks from opposing-party judges, it’s partisan warfare from the bench.
Congress must curb this, or the electorate’s will—Trump’s mandate—dies under black robes.