Action 136 - NAY on NORRA
Background: District courts can issue injunctions that apply nationwide. This has been both helpful to democracy, and occasionally unhelpful (2). But on the balance helpful currently, especially in curbing the excesses of the Trump government. So, the Republicans want to prevent the practice. LD 1526, dubbed the “No Rogue Rulings Act” has passed the House and is now before the Senate Judiciary Committee. Neither of our Senators is on that committee.
“An injunction is a form of equitable relief by which a court either requires an entity to take a certain action or forbids an entity from taking a certain action. A nationwide injunction is generally defined as an injunction against the government that prevents the government from implementing a challenged law, regulation, or other policy against all relevant persons and entities, whether or not such persons or entities are parties participating in the litigation.” (3) Examples include the Temporary Restraining Order (TRO) against Trump’s effort to deny birthright citizenship guaranteed in the Constitution, a TRO against Office of Management and Budget pausing funding for anything to do with “DEI, woke or green new deal”, and a Preliminary Injunction (PI) against terminating funding for certain refugee and education programs. There have been far more nationwide injunctions issued against the decrees and actions of the lawless Trump government than against those of any other administration. Both Golden and Pingree voted NAY on NORRA. The bill has 14 co-sponsors, all Republicans.
Action: Contact our Senators and ask them to oppose HR 1526 if it comes up for a floor vote. The courts are one of the last guardrails in place to control the creeping fascism of the Trump Administration. It is the Trump government that has “gone rogue”, not the district courts (for the most part: Judge Kacsmaryk being a notable exception.) It will be interesting to note Senator Collins’ vote on this.
Contact:
Senator Susan Collins: Email: www.collins.senate.gov/contact/email-senator-collins/form
Phone: (202) 224-2523 (DC office), (207) 945-0417 (Bangor office)
Senator Angus King: Email www.king.senate.gov/contact
Phone: (202) 224-5344 (DC office), (207) 945-8000 (Bangor office)
Urgency:
LD 1526 been in the Senate Judiciary Committee since April but there is no date specified for it to come onto the floor. Contacting our Senators sometime in the next few weeks should be fine. According to one source, it has only a 27% chance of being enacted. (8)
Extra Credit:
(1) text of bill https://www.congress.gov/bill/119th-congress/house-bill/1526/text
(2) https://www.cbsnews.com/news/courts-nationwide-injunctions-originating/
(3) https://www.congress.gov/crs-product/R48476
(4) https://unidosus.org/publications/the-no-rogue-rulings-act/
(5) https://whistleblower.org/press/no-rogue-rulings-act-obstructs-government-oversight/
(6) https://nextgenamerica.org/act/stop-norra/
(7) https://www.instagram.com/reel/DJJncjQpyVx/?igsh=YW12anZrcWVjbW9m
(8) https://www.govtrack.us/congress/bills/119/hr1526