Imagine if James Madison were asked in 1789 who is more powerful – the attorney general or a Supreme Court justice. He’d laugh at the silliness of the question. How could he imagine a time when a Supreme Court justice would be more powerful than the attorney general or even the president of the United States?
Last Friday, Attorney General William Barr wrote a strong op-ed in the Wall Street Journal calling the practice of issuing nationwide injunctions on broad policies unconstitutional. “It is indeed well past time for our judiciary to re-examine a practice that embitters the political life of the nation, flouts constitutional principles, and stultifies sound judicial administration, all at the cost of public confidence in our institutions,” warned the attorney general about the growing practice of injunctions issued beyond individual plaintiffs in cases...
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