Senator John Kennedy (R-LA) didn’t hold back during a tense House Judiciary Hearing, where he grilled a Department of Justice spokesperson over the issue of federal judges potentially blocking President Trump’s actions with universal injunctions. Kennedy raised concerns about how liberal judges might be using the Constitution to weaken Trump’s authority.
The hearing was a precursor to the Senate Judiciary Committee session called “Rule by District Judges II,” set for April 2, 2025. The session is focused on the 87 universal injunctions federal judges have issued against Trump’s executive orders—an unprecedented number.
Kennedy began by asking the DOJ representative about the nature of universal injunctions. He explained, “A universal injunction is a court order that prevents the government from acting, not just in a specific case, but nationwide, sometimes even globally. Is this also called a nationwide injunction?” After the DOJ rep agreed, Kennedy pressed further: “What legal grounds allow a federal judge to issue an order that affects people not involved in the case?”
When the DOJ spokesperson couldn’t provide an answer, Kennedy shifted his focus to the Supreme Court. He asked, “What’s the Supreme Court’s take on the Constitution allowing a federal district judge to take such broad action? How can a judge make a ruling that impacts people outside of the case?”
Unable to answer, the DOJ representative left Kennedy to elaborate on how this practice is being used strategically by liberal activists. “This encourages ‘forum shopping’—finding districts or judges who might issue a nationwide injunction on policies they don’t like,” Kennedy explained. “If there are multiple lawsuits, it only takes one judge to issue a nationwide injunction.”
Kennedy also pointed out how the frequency of these actions against Trump is extraordinary. He noted that while the U.S. saw only 27 universal injunctions in the 20th century, during Trump’s first term, there were 86. “Already, in his second term, 30 have been imposed.”
Finally, Kennedy ended with a challenging question, asking, “Where in Article Three of the Constitution does it mention universal injunctions?” The DOJ rep had no answer.
Many in the comments praised Kennedy for his pointed questioning. One user commented, “Kennedy raises a great point—why hasn’t Congress done something about this? They clearly have the power to limit judicial overreach, so why the delay?”