With the legality and wisdom of “nationwide” injunctions at issue in the courts and Congress, it is time for the states to view the problem through the lens of federalism. Using this lens, the states should oppose all use of nationwide injunctions and support their limitation by the Supreme Court and Congress because the exercise of such […]
Join the Administrative Conference of the United States (ACUS) on Friday, September 27 (12:15 p.m. – 1:30 p.m. ET), and Wednesday, October 2 (12 p.m. – 1:15 p.m. ET), for a public forum series on nationwide injunctions. During the two panel discussions, leading legal scholars will explore discrete issues related to the issuance, impact, and […]
Earlier today we featured a fascinating post from John Harrison on the availability of nationwide injunctions under the Administrative Procedure Act. We have featured a number of blog posts on this debate about nationwide injunctions under the APA. To continue that debate, I thought I’d flag that Mila Sohoni submitted a law professor amicus brief […]
Sam Bray and I have submitted an amicus brief urging the Supreme Court to put a decisive end to the new but all-too-common practice of entering nationwide injunctions in cases challenging government laws or rules. Sam and I come from different points on the political spectrum. Both of us believe, however, that nationwide injunctions are […]
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 […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” This month, we’re going to take a deep dive into a hot-button issue: nationwide preliminary injunctions. Let’s get straight to business. Surveying the Schizophrenic Law of the Circuit on Universal PIs Prior to the Trump-era, august principles of […]
In a startling but unsurprising decision, the Supreme Court last Friday dramatically shrank the ability of federal judges to issue universal injunctions. In Trump v. CASA, Justice Amy Coney Barrett, writing for the six Republican appointees, concludes that universal injunctions “likely exceed the equitable authority that Congress has granted to federal courts.” For that reason, […]
I confess that I haven’t closely followed Arizona v. City and County of San Francisco — argued today in the Supreme Court. After reviewing the transcript from the oral argument, however, it turns out that the case may raise pretty significant questions about remedies in administrative law. The question presented is “[w]hether States with interests […]
I am delighted to have the privilege of joining the JREG Notice & Comment Blog as a contributor. I’ve learned a lot from reading the blog over the years, and am excited to be able to contribute to these fascinating discussions. For my inaugural post, I will critique an injunction that a federal district court […]
Followers of public-law litigation will be well versed in the debates surrounding so-called universal injunctions. Though definitions vary, one common definition of what makes an injunction “universal” is that it enjoins the government from enforcing laws “not only against the named plaintiffs, but against all persons everywhere who might be subject to enforcement of those […]
The Supreme Court recently granted certiorari in Trump v. Pennsylvania, agency regulations under the Affordable Care Act. The district court granted, and the Third Circuit affirmed, a universal injunction: the court ordered the agencies not to enforce the regulation as to anyone, not just the plaintiffs. In support of the universal scope of the injunction, the […]