Trump Asks Supreme Court to Curb Judges' Power to Void Rules Nationwide
The Justice Department has asked the Supreme Court to stop judges voiding federal rules nationwide, a move that could shield Trump policies from court rulings.
Image: Wikimedia Commons / APK
Sunday, November 15, 2026 — The Justice Department has asked the U.S. Supreme Court to strip federal judges of the power to throw out unlawful agency rules for the whole country, in a case that could shield President Donald Trump’s agenda from broad court rulings.
The petition, filed on October 14 in Department of Health and Human Services v. Texas Medical Association, No. 26-491, asks whether the Administrative Procedure Act authorizes courts to enter “universal vacatur” — wiping out a rule for everyone, not only the parties who sued. The filing was signed by Solicitor General D. John Sauer.
Key Takeaways
- The petition, No. 26-491, asks whether the Administrative Procedure Act authorizes universal vacatur of unlawful agency rules.
- The case stems from No Surprises Act payment rules, voided in part nationwide on August 11, 2026; the administration accepts that finding and challenges only the remedy.
- Responses are due December 14, 2026; the justices are expected to decide early next year whether to hear it.
What Is Universal Vacatur and Why Does It Matter?
Under the Administrative Procedure Act, a 1946 law, courts may “hold unlawful and set aside” agency action they find illegal. Judges have long read that as letting them vacate a rule for everyone. The Justice Department argues “set aside” only means a court disregards an unlawful rule in the case before it.
The stakes reach far beyond medical billing: plaintiffs have invoked the Administrative Procedure Act in hundreds of challenges to Trump’s moves on immigration, mass deportation, diversity initiatives and transgender rights. A win could let the government keep enforcing a rule against everyone except the plaintiffs, potentially for years, even after judges found it unlawful.
How the Surprise Billing Case Reached the Supreme Court
The dispute began with rules carrying out the No Surprises Act, a law Trump signed in his first term. The Texas Medical Association, a hospital and air ambulance companies challenged a 2021 rule setting the qualifying payment amount, arguing it unlawfully deflated their reimbursements. A district court ruled for the challengers in 2023, a Fifth Circuit panel reversed in part in 2024, and the full Fifth Circuit voided parts of the rule nationwide on August 11, 2026.
The administration is not asking the justices to revive the payment rule. It accepts parts of the rule were unlawful and asks only that judges lose the power to strike a rule down for the whole country. “When an agency adopts a rule that has been held to be unlawful, sometimes the only sensible solution is to wipe it off the books,” said Ronald Levin, a law professor at Washington University in St. Louis.
What Happens Next in the Supreme Court Vacatur Case
The case arrives months after the justices, in June 2025, restricted nationwide injunctions in Trump v. CASA, which left universal vacatur untouched. “The Supreme Court should return the lower courts to their proper role under the APA,” the Justice Department said in its filing. The court has not yet said whether it will hear the case; if it does, a ruling is expected in 2027. The court is also weighing the Trump asylum ban and a Robinhood IPO disclosure case. The docket for No. 26-491 and the Justice Department’s petition are both public.
| Date | Development in No. 26-491 |
|---|---|
| Aug 11, 2026 | Fifth Circuit voids parts of the payment rule nationwide |
| Oct 14, 2026 | Justice Department files petition for a writ of certiorari |
| Nov 13, 2026 | Amicus briefs filed by the New Civil Liberties Alliance and Landmark Legal Foundation |
| Dec 14, 2026 | Responses due |
Frequently Asked Questions
What is universal vacatur under the Administrative Procedure Act?
Under Section 706(2) of the Administrative Procedure Act, universal vacatur “holds unlawful and sets aside” an agency rule for everyone, not just the plaintiffs who sued.
Can the Supreme Court stop judges from voiding federal rules nationwide?
Yes, if it grants the petition in HHS v. Texas Medical Association and rules the act does not authorize universal vacatur. The court already curbed nationwide injunctions in Trump v. CASA in June 2025.
What is the HHS v. Texas Medical Association case about?
It challenges No Surprises Act rules setting the qualifying payment amount for surprise-billing disputes. The Fifth Circuit voided parts of the rule nationwide on August 11, 2026.
When will the Supreme Court decide whether to hear the vacatur case?
Responses are due December 14, 2026. The justices are expected to consider the case early next year, and a ruling would follow in 2027.
