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Nationwide Injunctions

Refund | NA

Tariffs

Trump Administration Will Appeal Ruling Requiring Tariff Refunds

They claim the injunction requiring refunds cannot be universal, and can only apply to those businesses who filed lawsuits seeking recovery.

Ilya Somin |The Volokh Conspiracy | 5.30.2026 5:16 PM

Tariffs | NA

Tariffs

US Court of International Trade Refuses to Stay Injunction Against Trump's Section 122 Tariffs

The decision means the injunction blocking collection of the tariffs will not be blocked while litigation continues.

Ilya Somin |The Volokh Conspiracy | 5.20.2026 10:32 PM

Donald Trump and the Supreme Court building | Illustration: Aaron Schwartz - Pool via CNP / MEGA / Newscom/RSSIL/Newscom/Gary Blakeley/Dreamstime

Supreme Court

Nationwide Injunctions, a Crucial Check on Presidential Power, Are Not Dead Yet

Both Donald Trump and Joe Biden asked the Supreme Court to abolish nationwide injunctions, which allow federal judges to stop a federal policy from going into effect.

Damon Root | 4.5.2026 6:00 AM

Refund | NA

Tariffs

US Court of International Trade Orders Refund of All Illegally Collected IEEPA Tariffs

Importantly, the Court ordered payment of refunds even to those businesses who have not filed a lawsuit to claim them.

Ilya Somin |The Volokh Conspiracy | 3.4.2026 8:31 PM

baby-formula-shortage | Photo by saiid bel on Unsplash; Reamolko

Immigration

First Circuit Rules Trump's Birthright Citizenship Executive Order is Unconstitutional

This is the second appellate court ruling against the order. So far, every court that has addressed this issue has ruled the same way.

Ilya Somin |The Volokh Conspiracy | 10.4.2025 4:41 PM

baby-formula-shortage | Photo by saiid bel on Unsplash; Reamolko

Birthright Citizenship

Appeals Court Rules Trump's Birthright Citizenship Order is Unconstitutional and Upholds Nationwide Injunction Against it

The court ruled that a nationwide injunction is the only way to provide complete relief to the state government plaintiffs in the case.

Ilya Somin |The Volokh Conspiracy | 7.24.2025 10:17 PM

President Donald Trump addresses a gathering of U.S. senators at the White House | CNP/AdMedia/Newscom

Birthright Citizenship

Trump's Birthright Citizenship Order Is Unconstitutional, Says the First Appeals Court to Consider the Issue

The judgment is not surprising, since the president's reading of the 14th Amendment contradicts its text and history, plus 127 years of Supreme Court precedent.

Jacob Sullum | 7.24.2025 4:55 PM

Standing

Ninth Circuit Upholds Nationwide Injunction in State Suit Against Birthright Citizenship Order

Judge Bumatay objects on standing grounds, arguing that courts should not seek to offset narrowing one form of relief by expanding another: "That would be like squeezing one end of a balloon—it just pushes all the air to the other end."

Jonathan H. Adler |The Volokh Conspiracy | 7.23.2025 8:55 PM

Supreme Court

Universal Injunctions Are Dead; Long Live Universal Remedies?

Trump v. CASA was important, but it is not clear district courts have gotten the message.

Jonathan H. Adler |The Volokh Conspiracy | 7.23.2025 9:34 AM

baby-formula-shortage | Photo by saiid bel on Unsplash; Reamolko

Birthright Citizenship

Federal Court Issues Class Action Injunction Against Trump's Birthright Citizenship Executive Order [Updated]

This ruling was widely expected in the wake of the Supreme Court's decison barring nationwide injunctions.

Ilya Somin |The Volokh Conspiracy | 7.10.2025 8:03 PM

President Donald Trump speaks with reporters at the White House | Michael Brochstein/Zuma Press/Newscom

Class Actions

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.

Jacob Sullum | 7.2.2025 12:01 AM

Nationwide Injunctions

"The Clear Winner in Trump v. CASA: The Supreme Court"

"Lower courts lost, and the executive branch got mixed results."

Eugene Volokh |The Volokh Conspiracy | 6.29.2025 3:33 PM

Nationwide Injunctions

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.

Jonathan H. Adler |The Volokh Conspiracy | 6.29.2025 10:54 AM

Supreme Court

Bray and Bagley on Trump v. CASA

Two worthwhile commentaries on the Supreme Court's decision to curtail universal injunctions.

Jonathan H. Adler |The Volokh Conspiracy | 6.28.2025 9:41 AM

U.S. Supreme Court building, with orange background | Illustration: Eddie Marshall | Midjourney

Supreme Court

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.

Damon Root | 6.27.2025 1:03 PM

SupremeCourt3 | NA

Birthright Citizenship

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.

Ilya Somin |The Volokh Conspiracy | 6.27.2025 12:31 PM

Supreme Court

Justice Barrett on Justice Jackson in Trump v. CASA

The two newest justices spar over universal injunctions.

Jonathan H. Adler |The Volokh Conspiracy | 6.27.2025 10:49 AM

Supreme Court

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.

Jonathan H. Adler |The Volokh Conspiracy | 6.27.2025 10:25 AM

Judiciary

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.

Jonathan H. Adler |The Volokh Conspiracy | 6.15.2025 6:34 PM

Class Action | NA

Immigration

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.

Ilya Somin |The Volokh Conspiracy | 5.19.2025 1:07 PM

Supreme-Court-building-Joe-Ravi-Wikimedia | Joe Ravi/Wikimedia/CC-BY-SA 3.0

Birthright Citizenship

A Simple Defense of Nationwide Injunctions

Nationwide illegality by the federal government requires a nationwide remedy.

Ilya Somin |The Volokh Conspiracy | 5.16.2025 3:36 PM

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