WASHINGTON: When President Donald Trump’s administration convinced the US Supreme Court last year to restrict the ability of federal judges to block his actions nationwide — a major boost to his power — the ruling left untouched a separate tool that some of them have used to stymie presidential policies.
Now Trump is taking aim at that tool as well in another challenge to judicial authority that could further insulate his far-reaching agenda against broad legal attacks.
An appeal filed by Trump’s Justice Department now pending before the Supreme Court urges the justices to curtail the longstanding ability of judges to halt the actions of federal agencies that hold immense power to carry out the Republican president’s policy priorities.
According to the administration, courts should not be able to shut down an agency’s regulation entirely, instead limiting any relief granted only to the specific plaintiffs in a given case.
Aditya Bamzai, a University of Virginia expert in administrative law, said a win for Trump in the case could let the US government continue to enforce rules broadly on all but the plaintiffs in a given case, potentially for years as litigation plays out, even after judges have deemed them unlawful.
Siding with Trump “would give more flexibility to the executive branch,” Bamzai said.