Sen. Kennedy Praises Supreme Court Ruling Limiting Universal Injunctions, Criticizes Justice Jackson’s Dissent
Senator John Kennedy (R‑La.) commended the U.S. Supreme Court’s recent 6–3 decision restricting the use of nationwide, or “universal,” injunctions—judicial orders that can block federal policies across the entire country. Speaking during an appearance on Fox News’ Faulkner Focus, Kennedy described the ruling as a victory for constitutional boundaries and expressed satisfaction that it seemed to frustrate Justice Ketanji Brown Jackson, who dissented from the majority opinion.
“The Supreme Court has turned universal injunctions into fish food, as well it should have,” Kennedy said, arguing that such injunctions lack a basis in statute, Supreme Court precedent, or common law. “Judges who simply dislike what Congress or the President has done have been using them improperly. Good riddance.”
The case did not center directly on the issue of birthright citizenship, but involved the broader legal question of whether lower courts have the authority to issue injunctions that apply nationwide. The ruling is seen as a setback for those seeking to block executive actions through the courts.
Justice Amy Coney Barrett wrote the majority opinion, arguing that courts should only issue injunctions affecting the parties involved in a case. “Federal courts do not exercise general oversight of the Executive Branch,” she wrote. “They resolve cases and controversies consistent with the authority Congress has given them.”
Justice Jackson, joined in dissent by Justices Sonia Sotomayor and Elena Kagan, raised concerns that the ruling weakens the judiciary’s ability to check executive overreach. Barrett responded in the opinion, stating that Jackson’s argument supported an “imperial judiciary,” even as it warned of an “imperial Executive.”
Kennedy praised the Court’s decision as a restoration of legal balance. “Both parties have abused universal injunctions, though Democrats more so than Republicans. It was never a legally grounded practice,” he claimed. “If judges disagree with an executive action, that doesn’t give them the authority to halt government operations nationwide.”
Kennedy also responded to Justice Jackson’s strong dissent by saying, “She’s mad as a bag of cats, and that’s probably a good thing for the American people.” He emphasized that he believes the Court acted within its authority in ending what he sees as an overreach by lower courts.