Civil‑division nominee Brett Shumate defends past litigation positions, faces questions on nationwide injunctions and independent agencies

Sen. Chuck Grassley, chairman of the Senate Judiciary Committee, introduced Brett Shumate as the nominee to be assistant attorney general for the Civil Division. Senators probed Shumate about litigation positions he has taken in private practice and while serving in the department, and about the civil division's role in defending executive actions.

The hearing highlighted two recurring topics: the use of universal or nationwide injunctions by district courts and Shumate's prior advocacy on removal protections for independent agencies and the administration's birthright‑citizenship executive order.

Why it matters: the Civil Division defends federal policies in court and shapes litigation strategy on matters that can affect nationwide policy. The committee's questions addressed both legal theory and how the Civil Division should respond to court rulings.

Shumate disputed the legal basis for "universal" or nationwide injunctions and said the department has long taken the position that district courts should not issue relief that reaches beyond the parties before them. "We've seen an unprecedented number of nationwide or universal injunctions," he told the committee, adding that Congress can address the problem because it controls the structure and jurisdiction of lower federal courts.

On whether the executive branch can lawfully defy a court order, Shumate said, "I will always advise a client, whether in private practice or in government, to comply with court orders. And if our client disagrees with the court order, we can appeal, seek a stay." That answer came after senators noted public statements suggesting some in the administration had questioned following judicial orders.

Sen. Dick Durbin pressed Shumate on comments he made while in private practice, including his participation in a panel that questioned removal protections for independent agencies and Durbin's assertion that Shumate had defended the administration's birthright‑citizenship executive order. Shumate declined to discuss the content of deliberations or who he advised while acting in his departmental role, saying he wanted to preserve the deliberative process so officials would continue to seek the civil division's legal views.

Shumate also told the committee he would vigorously enforce the False Claims Act if confirmed, calling the statute "an essential tool" for rooting out fraud and abuse.

The committee record remains open for written questions to the nominee until April 2 at 5 p.m., Chairman Grassley said.