[Hot Air] Attorney General Barr gave a speech to the American Law Institute Tuesday on the topic of nationwide injunctions. As Barr pointed out, nationwide injunctions have been used an unprecedented number of times during Trump’s administration. In fact, more national injunctions have been issued under Trump than during the entire 20th century.Since President Trump took office, federal district courts have issued 37 nationwide injunctions against the Executive Branch. That’s more than one a month. By comparison, during President Obama’s first two years, district courts issued two nationwide injunctions against the Executive Branch, both of which were vacated by the Ninth Circuit. And according to the Department’s best estimates, courts issued only 27 nationwide injunctions in all of the 20th century.
Some say this proves that the Trump Administration is lawless. Not surprisingly, I disagree. And I would point out that the only case litigated on the merits in the Supreme Court‐the so-called "travel ban" challenge‐ended with President’s policy being upheld.
Barr went on to say that he wasn’t interested in arguing about specific policies. He wanted instead to argue that the use of such nationwide injunctions violated the separation of powers courts have traditionally observed: