Sen. Katie Britt, R-Ala., said Tuesday on Newsmax that federal judges should not be able to block national policies without first certifying a class action lawsuit — calling the current practice a threat to constitutional balance.
Britt voiced support on "The Chris Salcedo Show" for legislation limiting individual federal judges' power to issue nationwide injunctions, saying one judge should not have the authority to halt policies affecting the entire country without first certifying a class action lawsuit.
Britt noted that she is a co-sponsor with Sen. Chuck Grassley, R-Iowa, of legislation that aims to restrict district judges from issuing sweeping nationwide rulings.
"He has laid the facts out there," she said. "I am proud to be a co-sponsor of Sen. Grassley's efforts that will do exactly what you just said. It will make sure that one judge, one district judge, cannot issue a nationwide injunction without actually certifying a class."
Critics of nationwide injunctions argue they allow a single district judge to override executive authority nationally. According to Sen. John Kennedy, R-La., only 27 such injunctions were issued during the entire 20th century, compared to 86 in the first term of President Donald Trump and 30 in the first two months of Trump's second term.
"Look, there are ways to go about doing this," Britt said. "But unfortunately, we've seen far too often that the [Administrative Procedure Act] is interpreted incorrectly. So, the clarification of that is coming."
Britt said a hearing on the proposed changes was scheduled for Wednesday and encouraged Americans to tune in.
Britt, a member of the Republican Women's Caucus, pointed to bipartisan concern over what some conservatives have labeled "judicial tyranny."
"I'm sure Sen. Kennedy will have some really good questions," she added. "But we're going to make sure that Americans can actually get answers and that we set the parameters as our forefathers intended them to be — to make sure that people can be heard, but that one judge, as actually Justice [Elena] Kagan said, 'one district judge should not be able to halt policy across the entire nation in the way that they're doing right now.'"
Her remarks come as House Republicans advanced a bill Tuesday, 9-4 along party lines, that would limit the scope of such injunctions. The "No Rogue Rulings Act," which passed the House Rules Committee along party lines, would prevent judges from issuing nationwide orders unless they apply to specific parties bringing a complaint, the New York Post reported.
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