Should Unelected Judges Be Deciding National Policy?

Every week, headlines tell us that a single federal judge has blocked a presidential order—sometimes halting major policies for years. But should that be possible? Is it democratic? In this episode, we dig into the rise and fall of universal injunctions—a little-known legal tool that allowed one judge to freeze nationwide policy. With a recent Supreme Court decision, those injunctions are now off the table, but the ruling raises bigger questions: Has the Court consolidated power for itself? What does this mean for the balance between the executive branch, lower courts, and the justices in Washington? We talk with Jack Goldsmith, former Assistant Attorney General and Harvard Law professor, to unpack the legal mechanics, political stakes, and the hidden negotiations between the Supreme Court and the presidency. The result is a story about law, politics, and power that goes far beyond the headlines.

Episode 145 of the Not Another Politics Podcast podcast, hosted by University of Chicago Podcast Network, titled "Should Unelected Judges Be Deciding National Policy?" was published on September 12, 2025 and runs 69 minutes.

September 12, 2025 ·69m · Not Another Politics Podcast

Summary

Every week, headlines tell us that a single federal judge has blocked a presidential order—sometimes halting major policies for years. But should that be possible? Is it democratic? In this episode, we dig into the rise and fall of universal injunctions—a little-known legal tool that allowed one judge to freeze nationwide policy. With a recent Supreme Court decision, those injunctions are now off the table, but the ruling raises bigger questions: Has the Court consolidated power for itself? What does this mean for the balance between the executive branch, lower courts, and the justices in Washington? We talk with Jack Goldsmith, former Assistant Attorney General and Harvard Law professor, to unpack the legal mechanics, political stakes, and the hidden negotiations between the Supreme Court and the presidency. The result is a story about law, politics, and power that goes far beyond the headlines.

Episode Description