The Volokh Conspiracy

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Justice Thomas Criticizes Nationwide Injunctions, Citing Our Own Sam Bray

An interesting separate concurrence in the "travel ban" decision.


I just wanted to note that in today's Trump v. Hawaii decision, Justice Thomas has a separate concurrence that argues against "nationwide injunctions" (or "national injunctions," or as Justice Thomas labels them, "universal injunctions")—injunctions that "prohibit the Government from enforcing a policy with respect to anyone, including nonparties." Our own Sam Bray has written extensively on such injunctions (not at all limited to the ones against the travel bans), including in a recent Harvard Law Review article; the concurrence cites that article nine times. Congratulations to Sam for having his work so prominently noticed!