Fact Check: "Nationwide injunctions have become commonplace since Obama’s presidency."
What We Know
The claim that "nationwide injunctions have become commonplace since Obama’s presidency" suggests a notable increase in the use of nationwide injunctions during and after President Obama's administration. Nationwide injunctions are court orders that prohibit the enforcement of a law or policy across the entire country, rather than just in the jurisdiction of the court that issued the order.
Historically, the use of nationwide injunctions has been a contentious issue within the legal community. A study from the Administrative Conference of the United States indicates that while such injunctions were not unheard of prior to Obama's presidency, their frequency has increased significantly in recent years. The report notes that from 2000 to 2016, there were only a handful of nationwide injunctions issued, but this number surged during the Trump administration, particularly in response to immigration policies and other executive actions.
Analysis
The assertion that nationwide injunctions have become commonplace since Obama's presidency is supported by evidence indicating a rise in their use, particularly during the Trump administration. According to a 2018 report from the Administrative Conference of the United States, there was a marked increase in the issuance of nationwide injunctions during this period, with courts issuing such injunctions more frequently than in previous administrations.
However, the claim lacks nuance, as it does not specify the context or the specific policies that led to this increase. For instance, many of the nationwide injunctions issued during the Trump administration were in response to controversial policies that faced significant public and legal opposition. This context is crucial for understanding the dynamics of judicial intervention in executive actions.
Moreover, the reliability of the sources discussing this trend varies. Reports from legal scholars and institutions like the Administrative Conference of the United States tend to provide a more balanced and well-researched perspective, while media outlets may present a more sensationalized view that could skew public perception.
Conclusion
Needs Research. While there is evidence to suggest that the use of nationwide injunctions has increased since Obama's presidency, particularly during the Trump administration, the claim requires further investigation to fully understand the implications and context of this trend. The nuances surrounding the reasons for the increase and the specific cases involved are essential for a comprehensive evaluation of the claim.
Sources
- Administrative Conference of the United States - Nationwide Injunctions in the Federal Courts
- The New York Times - Courts Are More Likely to Issue Nationwide Injunctions
- The Atlantic - The Rise of Nationwide Injunctions
- Harvard Law Review - The Rise of Nationwide Injunctions
- Brookings Institution - Nationwide Injunctions: A New Tool for Courts
