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While President Donald Trump and Republicans hammered judges in the federal district for kicking out a nationwide order to stop the administration’s actions, Democrats remained relatively quiet.
However, during President Joe Biden’s tenure, they even denounced similar widespread injunctions and even tried to improve legislative issues.
In 2023, Sen. Mazie Hirono of D-Hawaii took steps to provide the US District Court with the sole jurisdiction of the District of Columbia to any case with national impact.
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Hirono led the law to combat the issues. (Nathan Posner)
“When parties can choose a judge, it creates the realisation that they can compromise the integrity of our federal judicial system and determine the outcome of their cases in advance,” she said in a statement at the time.
“Activist plaintiffs should not be able to manually collect individual judges to set individual policies, so it is important to address the issue of judge shopping in federal courts. By routing cases with national influence with expertise in cases that challenge federal agencies’ actions, we ensure that the Stop Judge Shopping Act is based on our primary judicial system.
The bill would not have ended the national injunction because Republicans and Trump were sought, but could give one court all jurisdiction over such decisions, reducing the likelihood that such an order would be imposed on Biden or another Democrat president.
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Donald Trump, Judge James Boasberg, Amir Ali, Anna Reyes (via Getty Images/U.S. District Court District Columbia/Senattle Durbin District Court/YouTube/Bill Pugliano via Getty Images)
The DC Court consists of 11 district judges appointed by former Presidents Biden and Barack Obama, four of whom were appointed by Trump. The court’s Supreme Court justice is Obama appointee James Boasberg, who is at the heart of a key battle with the Trump administration over deportation flights using the 1798 wartime Chinese immigration law.
Similar measures were taken in 2024, along with the 37 other Democrats, as well as then-majority leaders Chuck Schumer, Dn.Y. and Dr.i. It was proposed by Senator Sheldon White House. The bill would require cases with a wide range of injunctive measures that are randomly assigned to “promote uniformity and fairness.”
Hirono, Schumer and Whitehouse did not provide comment to Fox News Digital when asked whether they still support legislative measures and whether they supported the Republican bill.
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Grassley debuted the law to end the injunction. (Daniel Hoyer/Bloomberg via Getty Images)
Several Republicans in Congress have deployed the legislation for the Congress, expressly preventing district-level courts, including Chairman Chuck Grassley of the Senate Judiciary Committee, from issuing such a wide-ranging order.
In a paper in the Wall Street Journal, he wrote, “The obvious solution is to limit the district court to only settle cases between their previous parties.”
“Under my bill, lower courts are no longer able to block legal enforcement measures by issuing orders to non-party in lawsuits. The bill would also allow for immediate appeal of Toros against the government to confirm that it wins the rash decision that was reported in the heat of the political moment,” he explained.
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Democrats used to be important to Scotus. (AP Photo/Patrick Semansky/File)
The top Judicial Republican Party also pointed to past complaints Democrats had in practicing court orders nationwide.
“In 2023, 200 Democrats, including Senators Chuck Schumer and Dick Durbin, presented a brief warning from a court friend of their “dangerous consequences” that stemmed from the district judge’s move to block abortion pills Myfeston,” he recalled.
“Judge Elena Kagan expressed his disappointment as well.”
The brief was filed to appeal to the High Court to dismiss a national injunction issued by US District Judge Matthew Kaxmalik, who suspended Mifepristone’s FDA approval.
“The outcome of the Fifth Circuit decision could expand far beyond Mifepristone because Congress undermines the science-based, expert-led process designed to determine whether drugs are safe and effective,” the lawmaker wrote at the time. “By allowing the district court to disrupt the FDA’s current mifepristone regulations, the Fifth Circuit has granted judicial interference that misplaces the district court’s decision for the FDA’s scientific decision.
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Hirono, Schumer and the White House were not publicly critical of a nationwide injunction during the new Trump administration to stop district judges from action.
On Wednesday, the Senate Judiciary Committee will hold a hearing on the subject to promote laws that will end the practice of issuing national orders by Republicans.
Julia Johnson is a political writer for Fox News Digital and Fox Business and is a major reporter in the US Senate. She was previously a political reporter for the Washington Examiner.
Follow Julia’s report on X @juliaajohnson_ Submit your tip to julia.johnson@fox.com.
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