Democrats Silent on Trump's Court Fights After Pushing Limits on Biden-Blocking Judges

Democrats have kept a surprisingly low profile while former President Donald Trump and the GOP criticize federal district judges for issuing nationwide orders that undercut his administration's actions. Yet, during President Joe Biden's tenure, they were vocal in opposing similar injunctions and even proposed legislation to address the issue.

In 2023, Sen. Mazie Hirono, D-Hawaii, introduced a bill aiming to grant exclusive jurisdiction over cases with national implications to the U.S. District Court for the District of Columbia. "When parties are able to choose their judges, it creates the perception that they are able to predetermine their case’s outcome, compromising the integrity of our federal justice system," Hirono stated. The bill, dubbed the "Stop Judge Shopping Act," sought to centralize such cases to prevent ideological bias and restore trust in the justice system.

While the proposal wouldn't completely eliminate nationwide injunctions, it intended to route such decisions through a single court to streamline the process. Notably, the D.C. court is composed of judges appointed by Presidents Biden, Obama, and Trump, with its chief judge, Obama appointee James Boasberg, playing a key role in contentious cases, including one over deportation flights under a centuries-old wartime immigration law.

In 2024, a similar measure was introduced by then-Majority Leader Chuck Schumer, D-N.Y., alongside other prominent Democrats. Their bill proposed random case assignments to ensure "uniformity and fairness." However, when questioned recently, Hirono, Schumer, and Sen. Sheldon Whitehouse, D-R.I., refrained from commenting on whether they still supported these measures or backed any of the Republicans' bills.

Meanwhile, Republicans in Congress, led by Senate Judiciary Committee Chair Chuck Grassley, R-Iowa, have been pushing to prevent district courts from issuing sweeping orders. Grassley, in a Wall Street Journal op-ed, argued for limiting lower courts to resolving cases strictly between the involved parties. His bill also seeks to make temporary restraining orders against the government immediately appealable, aiming to curb politically charged judicial overreach.

Interestingly, Democrats, too, have voiced concerns about nationwide injunctions when it suited their agendas. Grassley pointed out that in 2023, 240 Democratic lawmakers, including Schumer, filed a brief opposing a district judge’s nationwide injunction on the abortion pill mifepristone, arguing it undermined the FDA's regulatory authority. Even Justice Elena Kagan has expressed reservations about such broad judicial actions.

Despite their past critiques, Democrats have been notably quiet as district judges continue to block Trump-era actions, raising questions about consistency in their stance. With Republicans now pushing legislation to end nationwide orders, the Senate Judiciary Committee will convene a hearing on the matter, setting the stage for renewed debate over the balance of judicial power and executive authority.