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Notre Dame Law School

Congressional Testimony

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2020

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Hearing Before The United States Senate Committee On The Judiciary “Rule By District Judge: The Challenges Of Universal Injunctions”, Samuel L. Bray Feb 2020

Hearing Before The United States Senate Committee On The Judiciary “Rule By District Judge: The Challenges Of Universal Injunctions”, Samuel L. Bray

Congressional Testimony

From the introductory text of the Statement of Professor Samuel L. Bray

"There’s a script we’ve all become familiar with. A president issues an order, or an agency promulgates a rule. And then what happens? Those who oppose the order or rule will pick a friendly district court and bring a challenge. From that friendly district court, the challengers will seek an injunction that shuts down the order or rule—not just with respect to the parties, but shuts it down for everyone in the country. That kind of injunction is popularly called a “nationwide injunction,” or a “national injunction” or …