Concepts, not Nomenclature: Universal Injunctions, Declaratory Judgments, Opinions, and Precedent
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 targets of that law and to protect all rights holders against enforcement, not only the parties to the action. Courts are divided—some granting,[3] with attempts at justification,[4] others rejecting, in practice if not in concept.[5] Justices Thomas and Gorsuch have weighed in against them.[6] Scholars supporting their validity[7] and scholars rejecting them as impermissible[8] have Continue reading →