Hearing before the United States Senate Committee on the Judiciary “Rule by District Judge: The Challenges of Universal Injunctions”

Authors

Samuel L. Bray, Notre Dame Law SchoolFollow

Document Type

Testimony

Publication Date

2-25-2020

Abstract

From the introductory text of the Statement of Professor Samuel L. Bray

"There’s a script we’ve all become familiar with. A president issues an order, or an agency promulgates a rule. And then what happens? Those who oppose the order or rule will pick a friendly district court and bring a challenge. From that friendly district court, the challengers will seek an injunction that shuts down the order or rule—not just with respect to the parties, but shuts it down for everyone in the country. That kind of injunction is popularly called a “nationwide injunction,” or a “national injunction” or “universal injunction.” I want to make three brief points about this script: it is new, it is bad policy, and it cannot be squared with [the] role of the federal courts under our Constitution."

Originally posted U.S. Senate Committee on the Judiciary

Perma.cc

Comments

Full Committee Hearing

Recommended Citation

Bray, Samuel L., "Hearing before the United States Senate Committee on the Judiciary “Rule by District Judge: The Challenges of Universal Injunctions”" (2020). Congressional Testimony. 1.
https://scholarship.law.nd.edu/testimony/1