A possible solution to lawfare: Back to the future?

We’ve seen a lot of single-judge national injunctions in the last month. These will, for the most part, be reversed in time by higher courts; they’re performative acts more than legal ones. But they do harm, and they certainly don’t increase respect for the legal system. (That “Hawaiian judge” has become a joking synonym for District Court overreach is not a good thing.)

So what can we do? Well, in the short term, let the system run its course. Most of these orders will be overturned, and the rest can probably be addressed by Congressional action or by a modest rewording of executive orders.

But there’s another solution, one that was deployed in the past when district judges seemed out of hand: The 3-judge district court.