The Administrative Conference’s forum on nationwide injunctions certainly is well-timed. Just days ago, the Court published Justice Gorsuch’s concurring opinion in Department of Homeland Security v. New York, questioning the constitutionality of “nationwide injunctions” against the federal government. “Whether framed as injunctions of ‘nationwide,’ universal,’ or ‘cosmic’ scope,” Gorsuch wrote, “these orders share the same […]
Date: February 12, 2020 – 9:30 am to 12:00 pm EST Location:Jack Morton Auditorium, The George Washington University805 21st Street NW Washington, DC 20052(Map) Forum Press Release Sponsors: Administrative Conference of the United States The George Washington University Law School American Bar Association, Section of Administrative Law and Regulatory Practice Program Description:Nationwide injunctions prohibit the federal government from enforcing statutes, […]
Nationwide or universal injunctions continue to be a hot topic in administrative law and federal courts, with Sam Bray leading the charge (at least in the legal academy) to get rid of them — as I noted in a prior post. Mila Sohoni has come to the nationwide injunction’s defense, at least as a constitutional […]
As regular readers of the blog know, a number of us are very interested in the propriety of nationwide injunctions to enjoin federal agency actions. I’ve blogged a bit about Sam Bray’s APA argument and the new legislation that would limit nationwide injunctions. Nick Bagley has joined Bray in arguing that federal courts should not […]
Over at the Volokh Conspiracy, Sam Bray has this fascinating and timely post on why the Administrative Procedure Act (APA) does not allow for nationwide injunctions: Sometimes the question is asked whether the Administrative Procedure Act authorizes courts to give national injunctions, because it says that a “reviewing court shall . . . hold unlawful and […]
Professor Mila Sohoni is the author of a string of significant articles on administrative law, and two of her forthcoming articles are about national injunctions. One of these is The Lost History of the “Universal” Injunction, which is forthcoming in the Harvard Law Review. The article is a vigorous argument that national injunctions are in […]
In Multiple Chancellors, Professor Bray argued that federal courts should give only a “plaintiff-protective injunction, enjoining the defendant’s conduct only with respect to the plaintiff,” “[n]o matter how important the question and how important the value of uniformity,” with respect to federal defendants. (MC, p. 420; p. 424 (noting that this rule would “logically apply” […]
That’s the headline to an article of mine, co-authored with Sam Bray of Notre Dame Law School and published today in The Atlantic. We highlight the disquieting possibility that a single district court in Texas might soon enter an injunction prohibiting the enforcement of all or part of the Affordable Care Act across the entire […]
Since Attorney General Sessions delivered his speech last week at the Federalist Society’s National Student Convention, there has been a lot of talk about nationwide injunctions—injunctions that prohibit the government from enforcing a law against anyone, as opposed to only against a particular plaintiff. While many people have talked about granting these injunctions, one thing that I […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s cases. Chevron Step Negative Infinity Most judicial opinions follow a template. They start with an introduction, then move on to a section that lays out the “standard […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s cases. Unanimous Panel Puts Ninth Circuit’s Stamp on Kisor v Wilkie Administrative law doctrines develop in lower courts within the boundaries set from above by the Supreme […]
2019 Administrative Law Conference November 14-15 | Washington Convention Center | Washington, DC We are excited to announce that the 2019 Administrative Law Conference is now open for registration! This year’s conference features 20 panels providing in-depth analysis of current administrative law and practice, with insights gleaned from faculty who are leaders in government, academia […]
That’s the title of a new article of mine, slated for publication in the Michigan Law Review. It’s more polemical than most of my work, and it aims to disrupt some of the tidy stories that organize modern administrative law. Although I hope it finds an audience across the political spectrum, its primary target is […]
This year has been a terrific one for new administrative law scholarship, and I’m looking forward to drafts of new papers being posted to SSRN in the coming weeks and months as the spring law review submission cycle begins. But here is the final 2018 edition — the December 2018 Edition — of the most-downloaded […]
As I first noted on the blog four years ago, the Administrative Law Section of Jotwell—The Journal of Things We Like (Lots)—is a terrific resource for administrative law practitioners and scholars. Jotwell’s Administrative Law Section publishes monthly a short review of a current piece of administrative law scholarship, usually authored by one of our terrific contributing editors who are all […]