ACUS Program on Nationwide Injunctions and Regulatory Programs

A recent pair of panels looking at how nationwide injunctions impact federal regulatory programs.

There has been an apparent increase in the rate at which litigants seek--and courts award--nationwide relief against federal regulatory agencies. The Administrative Conference of the United States recently held two panels to examine the impact that such relief has had on federal regulatory programs. The two panels provide useful background and insights about how nationwide relief, including universal vacatur under the Administrative Procedure Act have affected regulatory agencies and what, if anything, to do about it.

First, on September 27, ACUS held a panel summarizing its recent report on Nationwide Injunctions and Federal Regulatory Programs, featuring the report's authors, Mila Sohoni, Jed Stiglitz, and Zachary Clopton, and moderated by Alan Morrison.

Second, on October 2, ACUS held a panel on the Opportunities and Challenges of Nationwide Relief, featuring Amanda Frost, Alisa Klein, and myself, moderated by Adam White. As readers might expect, I reprised some of my earlier commentary on this subject.

 

Comments

[Dr. Ed 2]

Now that the right has played the same game, is there NOW consensus to end them?

[Krayt]

Both sides have people a little too clever by half wrecking things. Sue doctors over abortions to get around the then SC prdcedent? Being abused to sue gun makers whose guns are used to shoot kids, to get around a probably unconstitutional law.

Abuse “it’s an emergency!” to build The Wall? Abused to nullify $800 billion dollars of loans.

I believe there’s a level of Hell reserved for liars and frauds, the people who do these things.

[The Margrave of Azilia]

People who sue abortionists are going to Hell?

[CharlesWT]

"Introduction
This report investigates how nationwide injunctions and universal vacaturs issued by federal courts affect federal agencies, particularly in their rulemaking activities. While much attention has been given to the legality and desirability of such remedies from a judicial perspective, this study focuses on the administrative implications. It explores how federal agencies understand, implement, and respond to orders that have universal effects on their regulations and programs."
Summary of the Report: "Nationwide Injunctions and Federal Regulatory Programs"