Nationwide injunction information

In United States law, a nationwide injunction (also called a universal injunction^[1]^[2] or national injunction) is injunctive relief in which a court binds the federal government even in its relations with nonparties.^[3]^: 418 In their prototypical form, nationwide injunctions are used to restrict the federal government from enforcing a statute or regulation.^[4]^: 2424

Nationwide injunctions have come into prominent use and controversy during the Obama and Trump administrations, when they have been used by federal judges to enjoin the enforcement of significant policies, including the implementation of the Deferred Actions for Parents of Americans policy^[5] and the rescission of the Deferred Action for Childhood Arrivals policy.^[6]

^ Wilson C. Freeman, The Travel Ban Case and Nationwide Injunctions, Congressional Research Service (May 2, 2018).
^ Dep't of Homeland Sec. v. New York, 140 S. Ct. 599, 600 (2020) (Gorsuch, J., concurring)
^ Samuel Bray, Multiple Chancellors: Reforming the National Injunction, 131 Harv. L. Rev. 417 (2017).
^ Trump v. Hawaii, 138 S. Ct. 2392 (2018) (Thomas, J., concurring)
^ Texas v. United States, 86 F. Supp. 3d 591 (S.D. Tex.), aff'd, 809 F.3d 134 (5th Cir. 2015), as revised (Nov. 25, 2015)
^ Alan Feuer, Second Federal Judge Issues Injunction to Keep DACA in Place, The New York Times (Feb. 13, 2018).

[Freeman-1] Wilson C. Freeman, The Travel Ban Case and Nationwide Injunctions, Congressional Research Service (May 2, 2018).

[Gorsuch-2] Dep't of Homeland Sec. v. New York, 140 S. Ct. 599, 600 (2020) (Gorsuch, J., concurring)

[Bray-3] Samuel Bray, Multiple Chancellors: Reforming the National Injunction, 131 Harv. L. Rev. 417 (2017).

[Thomas-4] Trump v. Hawaii, 138 S. Ct. 2392 (2018) (Thomas, J., concurring)

[5] Texas v. United States, 86 F. Supp. 3d 591 (S.D. Tex.), aff'd, 809 F.3d 134 (5th Cir. 2015), as revised (Nov. 25, 2015)

[6] Alan Feuer, Second Federal Judge Issues Injunction to Keep DACA in Place, The New York Times (Feb. 13, 2018).

Nationwide injunction information

and 25 Related for: Nationwide injunction information

Nationwide injunction

Appointments Clause

Legislative veto in the United States

FilmOn

Unitary executive theory

Trump administration family separation policy

Wendy Beetlestone

Federal Register

Code of Federal Regulations

Executive Order 13768

Administrative law judge

Gang injunction

Notice of proposed rulemaking

Labor Management Reporting and Disclosure Act of 1959

Government in the Sunshine Act

Independent agencies of the United States government

Tom Perez

Major questions doctrine

National Emergencies Act

Milan Smith

Executive Order 12866

Privately made firearm

Toftness device

Franciscan Health

Paperwork Reduction Act

Administrative law of the United States

General
Rulemaking Notice of proposed rulemaking Adjudication Administrative law judge Code of Federal Regulations Federal Register
Statutory framework
Administrative Procedure Act Freedom of Information Act NEPA GSA NEA IGA RFA PRA UMRA CRA FVRA
Regulatory coordination
Office of Information and Regulatory Affairs Administrative Conference Executive orders Cost–benefit analysis (Executive Order 12866)
Judicial review of agency action
Arbitrary and capricious State Farm Chevron deference Auer deference Committed to agency discretion Due process Londoner Bi-Metallic Goldberg Mathews Exhaustion Major questions doctrine Nationwide injunction Ripeness Abbott Labs Standing Lujan
Separation of powers
Appointments Clause Freytag Noel Canning Congressional oversight Authorization Organic statute Appropriation Hearings Senate confirmation Independent agencies Humphrey's Executor Seila Law Unitary executive theory Legislative veto Chadha Nondelegation
Related areas of law (and agencies)
Antitrust and competition FTC CPSC CFPB Banking Treasury OCC FDIC FRB Communication FCC Energy DOE FERC Environment EPA FWS Food FDA CDC Health care HHS Immigration DHS EOIR Labor DOL NLRB Patent/trademark PTO Securities SEC CFTC Taxation IRS TC Trade DOC ITC Transportation DOT STB NTSB Social Security SSA
Related topics
Constitutional law Statutory interpretation
v t e