Among the most frequently asked questions over the last few weeks concern the abuse of injunction power by federal judges in district courts. The top question: How can one judge in a defined district issue orders that bind the executive branch across the country? That’s closely followed by: Is this happening to Trump more than other presidents?
More than one answer applies to the first question, but the answer to the second is an emphatic yes. In an analysis yesterday at The Free Press, Yale con-law professor Jed Rubenfeld counts up the TROs and sees an explosion of abuse in the last two months. Rubenfeld includes a caveat to this contrast:
But is it true that nationwide injunctions have recently proliferated and that judges are more prone to issue them against Trump than other presidents?
Absolutely.
During President Obama’s first four years, according to a…
