Statecraft There Are Too Many Judicial Injunctions
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Feb 19, 2025 Nick Bagley, an administrative law expert and former chief legal counsel to Michigan Governor Gretchen Whitmer, unpacks the complexities of judicial review and its pivotal role in today’s political landscape. He explores how the evolution of this practice has shifted from mere dispute resolution to a powerful tool that can challenge governmental actions. Bagley also discusses the rise of judicial injunctions, their implications for governance, and the delicate balance between judicial oversight and democratic values, particularly in a polarized political climate.
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Judicial Review Evolution
- Judicial review, the power of courts to review government actions, evolved from resolving private disputes to overseeing government actions.
- It expanded from primarily reviewing Congressional acts for constitutionality to reviewing administrative agency actions.
Executive Orders and Injunctions
- Recent executive orders have faced immediate injunctions or pauses from district court judges.
- This is a demonstration of judicial review, where agencies carrying out executive orders are challenged in court.
Rise of Judicial Oversight
- Increased judicial oversight of the executive branch stems from a bipartisan consensus in the 1970s.
- This was fueled by concerns about unchecked government actions, particularly in areas like environmental protection and civil rights.