713-333-4430How Courts Issue Injunctions Against Presidential Actions
Nationwide injunctions have been in the news constantly in recent months, reviving a discussion on what they are and the role they play in our system of checks and balances. Used to curb executive power and stop potentially unlawful policies, a recent Supreme Court decision changed how and when they can be used. This decision has changed how lawyers and judges operate in federal courts.
At Boudreaux Hunter & Associates, LLC, we stay constantly abreast of new federal and state court decisions that have the potential to affect our clients and their legal options. Our LGBTQ+ family lawyers strive to keep our clients informed of new and upcoming changes to federal laws and policies that may affect them as parents and as spouses. For more help with your family law needs, call Boudreaux Hunter & Associates at 713-333-4430.
What Are Nationwide Injunctions?
A nationwide injunction is a judicial order that doesn’t affect just the parties in a lawsuit, but any application of the policy in question. If a president issues an executive order and one party or group files a lawsuit to block it, a nationwide injunction offers relief both to the party that brought the case and anyone else who would be affected by the policy going into effect. A nationwide injunction blocks enforcement of the policy entirely.
Courts have started using these more and more frequently, noting that if a policy is unconstitutional or in violation of federal law, only blocking it for one plaintiff is insufficient. These nationwide injunctions have been used for everything from immigration bans to environmental regulations. This power comes from the Judiciary Act of 1789, which outlines the powers given to federal judges.
Trump v. CASA, Inc.
The most sweeping change to the use of nationwide injunctions came in June of 2025, when the Supreme Court issued a landmark decision in Trump v. CASA, Inc. The Court wrote that federal trial judges do not have the authority to extend relief to nonparties in the majority of cases. They emphasized that judicial review of presidential actions is still available, but the power to stop executive policies on a national scale lies with appellate courts and the Supreme Court.
What Judges Are Doing Now
However, if you watch the news, you know that judges are still blocking policies—so how are they doing it? One good example is the executive order ending birthright citizenship for certain children born in the United States. The ACLU and partner agencies filed a class action lawsuit, including all children born in the United States to undocumented parents or parents with temporary status in the class. The court granted nationwide class certification and blocked the executive order for everyone in the class. By including all directly affected parties in the class, lawyers were effectively able to halt the policy for everyone.
Other Legal Strategies Playing Out in Courts Around the Country
Class action lawsuits are one tool that attorneys and advocacy groups are using in response to the nationwide injunction decision from the Supreme Court. State-led litigation is another option, with some states suing the federal government under the Administrative Procedure Act to request relief for their jurisdictions. Filing in multiple districts is another option discussed by some LGBTQ+ family law firms and advocacy groups, as filing in multiple jurisdictions can allow narrower injunctions to have the same effect as one sweeping injunction. Litigants may also now choose to fast-track appeals, as getting a case to an appellate court may be the only way to get broader relief.
Balancing Judicial Review and Executive Authority
At its core, this debate comes down to the separation of powers. Supporters view these injunctions as an important tool to prevent executive overreach and protect the Constitution, while opponents consider them judicial overreach that undermines the president’s power to govern. This decision may shift the balance slightly, but as we’ve seen in the weeks since the Supreme Court decision, litigants and groups are finding other ways to handle their legal challenges.
Reach Out to Boudreaux Hunter & Associates Today
If you’re unnerved about your safety and stability as a member of the LGBTQ+ community navigating family law concerns, we understand—and we’re here to help. Call us at 713-333-4430 or fill out our online contact form to schedule a consultation.
Attorney Kevin Hunter at Boudreaux Hunter & Associates, LLC has experience with child custody, spousal support, high conflict divorce, and is fully equipped to guide you through the process. Learn more about Kevin on his profile here.
