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 […]
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 […]
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 […]