Schmidt Statement on Supreme Court’s Decision to Limit Judicial Overreach
WASHINGTON, DC: Congressman Derek Schmidt (KS-02) released the following statement after the United States Supreme Court’s 6-3 decision today to limit district court judges’ ability to issue nationwide injunctions.
“As Kansas Attorney General for over a decade, I know firsthand that nationwide injunctions are designed to be an extraordinary remedy; unfortunately, that remedy has been abused through overuse, particularly during President Trump’s first and second terms. Today’s U.S. Supreme Court ruling reaffirms the intended rarity of this judicial tool and serves as an important check on the federal judiciary. The Supreme Court also rightly observed that Congress could determine the scope of federal district judges’ authority to issue nationwide injunctions but has not done so. That’s why we must pass the No Rogue Rulings Act, which I cosponsored and the House of Representatives passed earlier this year. That legislation includes my amendment to preserve the ability of states to seek nationwide injunctions in truly extraordinary cases, but with important guardrails to prevent their abuse. With the legal precedent now set by the Supreme Court, I’m hopeful my Senate colleagues will soon pass our legislation to clearly establish the rules for this extraordinary relief.”
In addition to the No Rogue Rulings Act, last month, Congressman Schmidt introduced legislation to protect taxpayers from unlawful injunctions.
BACKGROUND
The Supreme Court’s decision in Trump v. CASA, Inc. today determined that nationwide injunctions entered by individual district court judges “likely exceed the equitable authority that Congress has granted to federal courts.” With this ruling, the Court has limited the scope of injunctions to only apply to parties who brought suit against the federal government.
Introduced by Congressman Darrell Issa (CA-48), H.R. 1526, the No Rogue Rulings Act of 2025 (NORRA), would limit U.S. district courts from issuing broad injunctive relief that reaches beyond the parties involved in a case. Injunctions that reach beyond the parties to a particular lawsuit are often referred to as “nationwide” injunctions.
Congressman Schmidt’s amendment to H.R. 1526 – which was unanimously adopted by the House Judiciary Committee – allows nationwide injunctions only in cases where the impact of a ruling would affect the nation at large and only with procedural safeguards to limit stalling tactics. To qualify, a suit must be brought by two or more state attorneys general in different federal circuits and then be heard by a randomly assigned three-judge panel before a nationwide injunction could be granted. A three-judge panel’s decision could then be directly appealed to the U.S. Supreme Court.
Prior to its passage, Congressman Schmidt joined House Republican leadership to highlight the importance of passing NORRA.
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