The battle lines are drawn on the permissibility and validity of so-called “nationwide” injunctions—injunctions in federal constitutional litigation purporting to halt government enforcement of a challenged law[2] against all possible …
Opponents of nationwide injunctions have advanced cogent reasons why courts should be skeptical of this sweeping remedy, but one of the arguments is a red herring: the constitutional objection. This …
And some things that should not have been forgotten were lost. History became legend. Legend became myth. –Lord of the Rings[2] Introduction When someone successfully sues a federal executive branch …
Then it dawned upon me with a certain suddenness that I was different from the others . . . . –W.E.B. DuBois[2] I start this piece with a personal narrative because I …
Read more “Toward Establishing a Pre-Extinction Definition of “Nationwide Injunctions””
This year the 27th Annual Ira C. Rothgerber Conference brought scholars and lawyers from all over the country to discuss one of the most salient legal issues today—the propriety of …
Read more “National Injunctions: What Does the Future Hold?”
University of Colorado Law Review Volume 91, Issue 3 2020 A Conversation with Associate Justice Elena Kagan Justice Elena Kagan[1] Annual John Paul Stevens Lecture University of Colorado Law School …
Read more “A Conversation with Associate Justice Elana Kagan”
A curious provision of the Immigration and Nationality Act (INA) precludes class actions challenging expedited removal, the system of fast-track deportations for individuals who have recently entered the country. The …
Introduction “Judge Blocks Trump . . . .”[2] This headline became a media staple when reporting on lawsuits challenging various Trump Administration policies—many of which sought injunctive relief on a nationwide scale. Two …
Read more “Seeing Beyond Courts: The Political Context of the Nationwide Injunction”