SAN DIEGO (FOX 5/KUSI) -- In the wake of the standoff between a district judge and the Trump administration's deportation of Venezuelan migrants to El Salvador, Congressman Darrell Issa is attempting to narrow district judges’ powers with a new bill. He's attempting to block nationwide injunctions
against the Trump administration.
“You can’t stop an activist judge. At the end of the day, once a judge is confirmed and confirmed for life, they can make a decision from the bench," said Issa. "What you can do is you can limit that decision to the scope before the judge and appropriate with the creation of the district judge."
“The court system is designed to move slow to make sure of things before people see the repercussions of what they’ve done,” said Stephen Goggins, a political science professor at San Diego State University.
Professor Goggin says nationwide injunction blocking a presidential agenda is pretty common when a president uses a lot of executive orders instead of leaning on new legislation.
“We’ve seen a lot of injunctions in Trumps first term, we’ve seen them in Biden’s and Obama’s and in Bush's before that," said Goggins. "It’s kind of interesting problem because when the injunctions are against you and your policies, people tend to get really mad and frustrated about it."
Congressman Issa says, in his opinion, it should be a bipartisan issue.
“In the case of a district court, the meaning is self-evident. They have a district and they make decisions in that district, and specifically they have to make decisions on plaintiffs that have a nexus to the district,” said Issa.
Professor Goggins says in the short run, the more extreme the executive orders are the more nationwide injunctions are to be expected,
“Courts like to adjudicate facts and when people can’t produce facts about policies, about their impacts right or other things there, courts take a pretty negative view on that,” said the professor continued. ...read more read less