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Not Even Democrat Experts Can Defend Nationwide Injunctions – PJ Media

During a Senate Judiciary subcommittee hearing on the abuse of nationwide injunctions yesterday, Sen. John Kennedy (R-La.) took direct aim at University of Pennsylvania law professor Kate Shaw, wife of MSNBC’s Chris Hayes. What followed wasn’t just a pointed exchange; it was a complete intellectual beatdown. Of course, that’s what always happens with Kennedy. 





Shaw, invited by Democrats as an expert, quickly found herself exposed as a partisan hack, stammering and backpedaling while Kennedy dismantled her credibility piece by piece.

Kennedy confronted Shaw over her inconsistent views on universal injunctions — condemning them when used against Democrats, then suddenly embracing them under President Trump. He called out her hypocrisy with surgical precision, even mocking her sudden fondness for these rulings as if they now “taste like pumpkin pie.” It was a masterclass in exposing the left’s double standards, and Democrats are probably wishing they’d picked a different witness.

But Kennedy wasn’t the only one who made mincemeat out of Shaw.

Sen. Josh Hawley also took his turn, and it was just as brutal. After Shaw began offering a vague, academic defense of her shifting views, Hawley went straight for the jugular.

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“So long as it is a Democrat president in office, then we should have no nationwide injunctions,” Hawley said. “If it’s a Republican president, then this is absolutely fine, warranted, and called for.”

Shaw tried to push back. “That is not—” she began, before Hawley cut in again.

“How can our system of law survive on those principles, Professor?” he asked bluntly.

Shaw fumbled to recover, saying, “I think a system in which there are meaningful […] constraints on the president is a very dangerous system of law.”





That’s when Hawley pounced. “That’s not what you thought when Joe Biden was president,” he said. “You said it was a travesty for the principles of democracy, notions of judicial impartiality, and the rule of law.”

He went on to quote her past criticism of nationwide injunctions as “judges looking like politicians in robes,” adding that she had warned this practice “threatened the underlying legal system.” But now, with Trump back in the White House, she was suddenly okay with the same tactics.

“You’re fine with all of that if it’s getting the result that you want,” Hawley stated.

Shaw weakly insisted that “the Supreme Court agreed unanimously with me in that case,” but Hawley wasn’t having it.

“No, no, no — we’re talking — no, no,” he shot back. “They did not issue a ruling on the nationwide injunction.”

As Shaw spiraled into procedural jargon, Hawley summed it up: “We’ve now gone six minutes, and Senator Kennedy had you for six or seven. You couldn’t identify a single principled basis.”

Then he delivered the final blow.

“All that’s changed in nine months is the occupant of 1600 Pennsylvania Avenue,” Hawley said. “I realize that my colleagues on this side of the aisle very much dislike that individual […] but our system of government cannot survive if it’s gonna be politics all the way down.”





It was a thorough, unrelenting exposure of partisan lawfare, and Shaw never stood a chance.

Democrats embarrassed themselves by presenting Kate Shaw as an objective expert when she was clearly a partisan hack. Her double standard on nationwide injunctions — opposing them under Biden, embracing them under Trump — was obvious, and Republicans like Kennedy and Hawley dismantled her credibility with ease. 

In the end, one thing was crystal clear: Democrats can’t offer a consistent defense of nationwide injunctions because they don’t believe in legal principles; they believe in outcomes. When injunctions are used to block Republican policies, they cheer. When the same tool is used against their own agenda, they cry foul. It’s not about the rule of law for them; it’s about power. And that’s why their arguments fall apart the moment someone holds them to a standard.


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