Notice & Comment

Results for: nationwide injunction

Notice & Comment

ACUS Update: New Public Forum Series on Nationwide Injunctions (September 27 & October 2)

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 […]

Notice & Comment

More from Various Legal Scholars on the Nationwide Injunction, “Universal Vacatur,” and the APA

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 […]

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End the Nationwide Injunction

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 […]

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Congress Should Fix the Nationwide Injunction Problem with a Lottery

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 […]

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ACUS Forum: Nationwide Injunctions and Federal Regulatory Programs, 2/12/20

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, […]

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Quick Reaction to Bray’s Argument that the APA Does Not Support Nationwide Injunctions

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 […]

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Ninth Circuit Review—Reviewed: Nationwide Preliminary Injunctions before CA9, by William Yeatman

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 […]

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Three Footnotes that Clarify the Universal-Injunctions Debate—Or Should, by Zachary D. Clopton

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 […]

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Section 706 of the Administrative Procedure Act Does Not Call for Universal Injunctions or Other Universal Remedies, by John Harrison

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 […]

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Section 706 of the Administrative Procedure Act Does Not Call for Universal Injunctions or Other Universal Remedies

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In Trump v. Pennsylvania, the Supreme Court faces the question whether the Administrative Procedure Act’s provision governing scope of judicial review instructs courts to give universal injunctions – injunctions telling the government not to apply a challenged agency action to anyone, not just the plaintiff. That provision, section 706 of title 5 of the United States […]

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A Reply to Bray’s Response to The Lost History of the “Universal” Injunction, by Mila Sohoni

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” […]