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Scalise, Johnson backing Congressional attempt to curb rulings that go against President Trump

Laws
Al Drago/Getty Images

The top two House Republicans, Louisiana's Mike Johnson and Steve Scalise, are supporting a bill that would stop federal judges from issuing "nationwide injunctions" against President Trump's executive orders.

Can Congress constitutionally limit judges' ability to make rulings?


At the district level, in most circumstances, they can, says Loyola law professor Dane Ciolino.

"Article III of the United States Constitution does give Congress the power to create and regulate the jurisdiction of lower federal courts," said Ciolino. "Congress has done that over centuries with approval from the United States Supreme Court."

Specific plaintiffs could still seek injunctive relief, but those rulings would only be applicable in those specific cases, leaving the broader, multi-state spanning rulings to higher courts and the U.S. Supreme Court.