Trump's 'Giant Win' Does Not Validate His Unconstitutional Birthright Citizenship Order
Tellingly, the president avoided defending his dubious interpretation of the 14th Amendment at the Supreme Court.
Nationwide Injunctions
"The Clear Winner in Trump v. CASA: The Supreme Court"
"Lower courts lost, and the executive branch got mixed results."
Justice Kagan on Universal Injunctions in 2022
Justice Kagan said "it just can't be right" that a single court judge can stop a federal policy in its tracks nationwide.
Bray and Bagley on Trump v. CASA
Two worthwhile commentaries on the Supreme Court's decision to curtail universal injunctions.
Supreme Court Rules 6–3 for Trump, Limits 'Nationwide Injunctions' in Birthright Citizenship Case
“Federal courts do not exercise general oversight of the Executive Branch,” declared Justice Amy Coney Barrett.
A Bad Decision on Nationwide Injunctions
Today's Supreme Court ruling barring nationwide injunctions could empower the federal government to engage in large-scale violations of the Constitution. Exactly how bad the consequences will be depends on the extent to which other remedies can be used to forestall them.
Justice Barrett on Justice Jackson in Trump v. CASA
The two newest justices spar over universal injunctions.
Supreme Court Nukes Universal Injunctions (UPDATED)
Justice Barrett writes for the Court's majority that universal injunctions likely exceed the equitable power of federal courts.
Does the Senate Reconciliation Bill Contain a Threat to Judicial Independence? Or Is It a Welcome Limit on Universal Injunctions?
The Senate has adopted its own version of a provision designed to limit preliminary injunctions against the federal government when no bond is posted.
Lee Kovarsky, D. Theodore Rave, and Steve Vladeck on Class Actions and the Alien Enemies Act Litigation
Kovarsky and Rave defend the use of class actions in AEA habeas cases. Vladeck highlights the significance of the Supreme Court's grant of an injunction to a "putative class" of AEA detainees.
A Simple Defense of Nationwide Injunctions
Nationwide illegality by the federal government requires a nationwide remedy.
