President Trump’s executive actions are being blocked left, right, and center by federal courts issuing nationwide injunctions – or orders for the government to halt a given policy that judges deem unlawful. However, the constitutionality of these national injunctions is up for debate. Should the Supreme Court decide that judicial policy pronouncements are indeed unconstitutional, what will that mean for Executive power? Could it mean that Congress will need to resume doing the work it has shirked for years? And what will it mean for the Trump agenda?
John Yoo is the Emanuel Heller Professor of Law at the University of California at Berkeley, a Nonresident Senior Fellow at the American Enterprise Institute, a Senior Research Fellow at the Civitas Institute, and a Visiting Fellow at the Hoover Institution and Stanford University. Yoo was a law clerk for Supreme Court Justice Clarence Thomas, the general council of the Senate Judiciary Committee, and the former head of the Office of Legal Counsel in the Justice Department. His most recent book is The Politically Incorrect Guide to the Supreme Court (Regnery, 2023) with Robert Delahunty.