Nationwide Injunctions:Nationwide Injunctions As Such (Panel 1)
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- Опубліковано 17 гру 2023
- Monday, October 23, 2023
How do nationwide injunctions work? Are they necessary? Are they legally justified? Are they effective in blocking illegal or unconstitutional conduct? Do they cause harms?
The panel discussed these questions and more, to shed light on whether and how our rules governing nationwide injunctions are working and how they might be improved.
Moderator: Hon. Nicholas Garaufis (United States District Judge, Eastern District of New York)
Panelists:
Joanna Lampe (Legislative Attorney, Congressional Research Service)
Michael Morley (Professor, Florida State Law)
James Tierney (Lecturer, Harvard Law; former Attorney General, Maine)
Alan Trammell (Professor, Washington & Lee Law)
Jared Trujillo (Professor, CUNY Law)
Nationwide injunctions are playing an increasing role in the American legal landscape. From the beginnings of the U.S. judiciary until the 1960s, nationwide injunctions were not a feature of our legal system. Individual federal judges imposed no injunctions barring conduct across the entire nation during that time. But this has changed. 55 nationwide injunctions were imposed by courts during the presidency of Donald Trump, and the practice continues under the current administration.
Are nationwide injunctions a problem? Should they be restricted? If so, how? Should the federal courts tackle the problem of judge-shopping by reexamining the distribution of cases in a judicial district that includes a division populated by a single judge?
