Hawley clashes with law professor over surge in injunctions against Trump

Senator Josh Hawley, a Republican from Missouri, engaged in a heated debate on Tuesday with University of Pennsylvania law professor Kate Shaw during a Senate Judiciary subcommittee hearing. The discussion centered around the issue of nationwide judicial injunctions imposed by district judges against President Donald Trump’s executive actions.

Hawley presented a bar chart showing a surge in nationwide injunctions against the executive branch during Trump’s first term, which then dramatically dropped during the presidency of Joe Biden. He questioned the anomaly of this trend and argued that it seemed to be politically motivated.

Shaw, a Supreme Court contributor for ABC News and former Obama administration official, countered by suggesting that Trump’s actions were more lawless than those of previous presidents, which could explain the increase in nationwide injunctions. She also cited historical examples of nationwide injunctions being issued before the 1960s.

The debate intensified as Hawley accused Shaw of being inconsistent in her stance on nationwide injunctions based on the political affiliation of the president in office. He referenced Shaw’s criticism of a nationwide injunction issued against Biden’s FDA rules on abortion pills and questioned the legitimacy of her principles.

Hawley emphasized the importance of maintaining consistency in the legal system and ensuring that judges do not overstep their authority by issuing nationwide injunctions that affect nonparties. He warned against allowing politics to dictate judicial decisions and stressed the need for a principled approach to the issue.

Shaw defended the use of nationwide injunctions as a check on executive power and argued that democracy is more complex than simple majority rule. However, Hawley remained skeptical of her reasoning and urged for a more consistent and impartial application of the law.

The debate highlighted the contentious issue of nationwide injunctions and the role of the judiciary in checking the power of the executive branch. As the discussion continued, it became clear that the clash between Hawley and Shaw was emblematic of the broader debate over the limits of judicial authority in a democratic society.