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Jul 5, 2025  |  
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Jay Davidson


NextImg:Nationwide injunctions and the abuses of the Legislature

Apparently, the Supreme Court’s 6-3 decision curbing nationwide injunctions still allows a federal judge to issue one, but only within the scope of the plaintiffs “standing.”  Class action comes to mind. 

I have yet to hear a valid argument for a federal judge to issue orders to the president through a nationwide injunction.  This decision appears to allow some nationwide injunctions, although it rightfully restricts this malfeasance.

Nationwide injunctions by a district judge seem to bestow too much power on a federal judge.  Since federal judges are appointed by Congress, it concentrates too much power in the Legislative Branch.

Hand it to the left: it is relentless.  Just as evil, it relentlessly attempts to dim our hearing of the sacred voice within. 

Leftists lost the Executive and Legislative Branches to Republicans, but that didn’t stop their pursuit of centralizing power.  They expanded lawfare against Trump, using federal judges to hinder executive decisions.  

When unelected officials (federal judges) restrain elected officials (the president), it negates the principle on which our nation was founded.  One of the greatest safeguards given to us in the Constitution is that only those officials who must regularly stand before the citizenry in elections are allowed to assess fines and taxes or issue regulations (laws) that bind citizens and affect their inalienable right to ownership of property.  

This lawfare through injunctions is similar to the administrative (deep) state’s control exercised by bureaucrats through regulations.  My objection in both instances is that it is wrong to have power concentrated in an unelected (not accountable to the citizens) government entity that, through injunctions, taxation, and regulation, confiscates private property and limits the individual right to choose. 

If the Executive Branch is committing an unconstitutional act, then it is up to the Legislative Branch to clarify the law and the Judicial Branch to render injunctions and opinions that stop such abuse.  The expansion of powers through lawfare is wrong, and I appreciate that SCOTUS is clarifying that point. 

Jay Davidson is founder and CEO of a commercial bank.  He is a student of the Austrian School of Economics and a dedicated capitalist.  He believes there is a direct connection joining individual right and responsibility, our Constitution, capitalism, and the intent of our Creator.

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