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 […]

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” […]

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 […]

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 […]

[Part I is available here.] In the first part of this post, we explored the history of section 706, and why it probably does not support universal remedies. But even so, several Justices have hinted at their hesitation to read vacatur out of the APA. This will force the Court to contend with the second […]

[Part II is available here.] Universal relief is dead; long live universal relief! With the recent decision in Trump v. CASA, nationwide injunctions have been taken off the table as a way to control agency power. But as innocuous footnote 10 of the majority opinion notes, there remains another way for courts to grant universal, […]

On Friday, the Supreme Court issued a 6-3 decision in Trump v. CASA, holding that universal (or nationwide) injunctions likely exceed the equitable authority that Congress vested in courts in the Judiciary Act of 1789. Accordingly, the Court granted partial stays of the district courts’ preliminary injunctions. In the orders under review, the district courts […]

We have begun the development of panels for the 2025 ABA Administrative Law Conference, which will be held virtually again on November 20-21, 2025. This is a great way to share your research and expertise with around 1,000 regulatory lawyers and scholars. We expect to have twenty panels on various topics. In particular, we would like […]

It is clear now how the Trump Administration plans to handle what remains of modern administrative law while advancing its agenda. The plan is to break it. Just look at the Administration’s conduct over its first 100 days. Wacky executive orders that are no less dangerous for becoming instantly infamous. Abuses of interim final rules, […]

On January 20, 2025, President Trump’s first act was to end birthright citizenship by executive fiat with the “Protecting the Meaning and Value of American Citizenship” executive order. On March 13, 2025, after four federal courts enjoined the implementation of the executive order, the Trump Administration petitioned the U.S. Supreme Court to allow him to […]