By Michelle Price
Special to the UCBJ
WASHINGTON – Congressman John Rose filed his first bill, H.R.4219, to restore our country’s constitutionally established separation of powers. The bill is an effort to curtail nationwide injunctions, which have the potential to severely restrict new government policies.
Rose recently spoke with UCBJ about the need for this bill and its impact on all citizens.
“I am proud to file H.R.4219 as my first bill because nationwide injunctions impact every one of us. It is a harmful trend and a practice that must be stopped,” Congressman Rose stated. “Broad injunctions have unfair and detrimental effects. In fact, President Trump has already been impacted by close to 40 nationwide injunctions over the course of his past two years and eight months in office. It is wrong for an administration, Republican or Democrat, to be forced to reaffirm and defend their lawfully made decisions time and time again.
“The practice of special interest groups seeking out judges who are sympathetic to their causes and through legal battles attempting to stall government policies has plagued the current and past administrations. This unfair maneuvering is often successful because of the potential years-long wait for national injunctions to be adjudicated at the district and circuit court levels. We must curtail this harmful practice, and I am proud to lead the effort in the U.S. House of Representatives.”
Rose pointed out that even some of the liberal courts have begun to recognize the overreach of these injunctions.
“Recently the Ninth Circuit reversed one of those nationwide injunctions … the Ninth Circuit, which is considered to be the most liberal court in the country, liberal appellate court,” said Rose.
H.R.4219 allows for a direct appeal of nationwide injunctions to the Supreme Court of the United States, which would reduce wait times for adjudication. H.R.4219 only applies to nationwide injunctions that restrict the enforcement of federal statutes, regulations, orders, or a similar authority against a non-party. Congressman Rose filed the legislation on Aug. 30, 2019. It was referred to the House Committee on the Judiciary.
“I think this is important,” said Rose. “Several of the justices on the Supreme Court have said they think it is, and many of the legal commentators have argued that this is an unwelcome development in the system because it allows litigants to forum shop around the country if something happens they don’t like. We think the appellant courts and the Supreme Court have moved too slowly to stop that.”
No corresponding bill is currently in the Senate but Rose is working on finding a Senate sponsor.
Congressman Rose represents Tennessee’s Sixth Congressional District and resides in Cookeville with his wife, Chelsea, and their son, Guy. The Sixth District includes Cannon, Clay,Coffee, Cumberland, DeKalb, Fentress, Jackson, Macon, Overton, Pickett, Putnam, Robertson, Smith, Sumner, Trousdale, White, and Wilson counties as well as portions of Cheatham and Van Buren counties.