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Full-Text Articles in Law
Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman
Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman
Scholarly Articles
The Trump Administration’s extravagant claims of executive power have focused the federal courts’ attention on separation of powers, judicial review, and equitable jurisdiction to grant broad injunctions that forbid the administration’s violations of the Constitution and federal statutes. Critics question the federal courts’ power to grant broad injunctions that are effective everywhere. These critics maintain, among other things, that the federal courts lack jurisdiction and that broad injunctions improperly affect nonparties and militate against “percolation” of issues in a variety of courts.
This Article examines the critics’ arguments and finds them unconvincing. Accepting the critics’ arguments would rebalance the separation …
Demystifying Nationwide Injunctions, Alan M. Trammell
Demystifying Nationwide Injunctions, Alan M. Trammell
Scholarly Articles
The phenomenon of nationwide injunctions—when a single district court judge completely prevents the government from enforcing a statute, regulation, or policy—has spawned a vigorous debate. A tentative consensus has emerged that an injunction should benefit only the actual plaintiffs to a lawsuit and should not apply to persons who were not parties. These critics root their arguments in various constitutional and structural constraints on federal courts, including due process, judicial hierarchy, and inherent limits on “judicial power.” Demystifying Nationwide Injunctions shows why these arguments fail.
This Article offers one of the few defenses of nationwide injunctions and is grounded in …