Nationwide Injunctions
110 West 3rd Street NY ,10012 (view map)
This is a joint event between the BWLC and CCJ. There will be a conference during the day from 9 a.m. - 2 p.m., followed by a book talk with Steve Vladeck (NYT bestselling author of The Shadow Docket) from 4:30 - 6:30 p.m.
Nationwide injunctions are on the rise. From 0 between 1789 and 1963 to a dozen under the George W. Bush administration to 55 under the Donald Trump administration to a recent flurry under Joe Biden, executive policies, and other nationwide conduct, is increasingly being stopped by a single district judge. The most recent nationwide injunctions to capture the nation’s attention were in April 2023, where Judge Matthew Kacsmaryk issued an injunction to prevent the use of mifepristone nationwide, while Judge Thomas Rice issued an injunction to prevent it from being removed from the market.
Are nationwide injunctions a problem? Do they need to be restricted? Or are other factors of our system, such as single-judge courts and resultant judge shopping, the real source of problems arising out of nationwide injunctions?