Trump Administration Petitions Supreme Court on Federal Vacatur Power
The Trump administration asked the Supreme Court on Oct. 14, 2026, to determine whether federal courts have the authority to throw out an agency action or rule in its entirety. U.S. Solicitor General D. John Sauer filed a 29-page filing on Wednesday urging the justices to set limits on the authority of federal courts, scotusblog.com reported. The administration argues that nothing in the “text, context, or history” of the federal law governing administrative agencies “suggests that the statute vests courts with that ‘new and far-reaching remedial power.’”
Health Care Rules Spark Legal Battle Over Agency Authority
The dispute stems from challenges to regulations issued by the Department of Health and Human Services, the Department of Labor, and the Department of the Treasury. These agencies drafted the rules to implement the No Surprises Act, a 2022 law designed to protect patients from unexpected medical bills during emergencies or from out-of-network providers. A federal district court in Texas ruled for the challengers, which included the Texas Medical Association, a hospital, and four air ambulance companies. A three-judge panel of the U.S. Court of Appeals for the 5th Circuit later reversed that decision in part.
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Fifth Circuit Vacates Disputed Provisions Despite Government Warnings
The case advanced to the full 5th Circuit, where a nine-judge majority voted to vacate several challenged provisions. The appeals court rejected government arguments that wiping out the rules would create “a host of practical problems,” such as patients losing statutory protections while agencies rewrite the regulations. The court held that, “at the behest of a handful of plaintiffs, those regulations are erased from the books as to everyone.”
Comparison of Nationwide Injunction Logic and Vacatur Powers
The administration’s petition builds directly on the Supreme Court’s decision in Trump v. CASA. CASA. In that decision, the justices ruled that federal courts lack the authority to issue universal or nationwide injunctions blocking government enforcement. Sauer argued that the same equitable traditions restricting injunctions apply to vacating agency rules. The administration contends that both practices generate identical flaws in the federal judiciary.
| Legal Mechanism | Primary Restriction | Identified Consequence |
|---|---|---|
| Universal Injunctions | Prohibits enforcement nationwide | Exceeds equitable relief to parties before the court |
| Agency Rule Vacatur | Erases regulations from books for everyone | Encourages forum shopping and hasty emergency appeals |
Judicial Consequences and Forum Shopping Concerns
Sauer told the justices that the 5th Circuit’s approach creates strong incentives for litigants to engage in forum shopping. He noted it grants district court orders the broad nationwide impact typically reserved for precedents of the court of last resort. Furthermore, the administration argues that nationwide vacatur harms the court system itself. When a rule disappears entirely, the government is often forced to seek emergency relief, pushing judges to resolve significant and difficult questions of law on an expedited basis without complete briefing.
Briefing Deadlines and Future Court Action
The challengers’ response to the administration’s petition is currently due on Nov. 13, 2026, though that deadline may be extended.
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