In the last few weeks, individual, unelected judges made policy decisions for the whole country. Some examples include: Ordering the President to stop deporting foreign terrorists; Directing the military to enlist and retain transgender servicemembers; Directing who will and will not staff the President’s administration; Ordering the immediate expenditure of billions of dollars. The practice of sweeping nationwide injunctions, broad restraining orders, and judicial policymaking must end. It’s unconstitutional, it’s anti-democratic and it’s imprudent.
In 2022, Justice Elena Kagan correctly observed, “It just can’t be right that one district judge can stop a nationwide policy in its tracks and leave it stopped for the years it takes to go through the normal process.....”