Nationwide injunctions

Latest in Nationwide injunctions

Nationwide injunctions

The Case Against National Injunctions, No Matter Who Is President

Last night, a federal district court judge issued an order to temporarily shut down the enforcement of several provisions of President Trump’s recent executive order on immigration. The federal judge sits in Washington state, but the order was specifically issued with nationwide effect. The order is technically a “temporary restraining order,” a kind of provisional order that preserves the status quo for a preliminary injunction.

Nationwide injunctions

Nationwide Injunctions and the Lower Federal Courts

With both Congress and the executive branch controlled by Republicans, liberal-leaning state governments, lobbies, advocacy groups, and individuals will naturally be turning to the courts to challenge federal government actions. In the last week, for instance, several federal district courts have enjoined President Trump’s executive order on immigration and refugees, with at least two judges (one in the Eastern District of New York in Darweesh and one in the District of Massachusetts in the Tootkaboni-Louhghalam case) purporting to apply their injunctions nationally.

Subscribe to Lawfare