National Injunctions: Judicial Authority in the Federal Courts [POLICYbrief]
Federal courts are issuing more national injunctions than ever before.
Unlike regular injunctions, these injunctions apply not only to parties in a case but to non-parties as well. But do national injunctions fall outside of the federal courts’ Article III powers? Professor Samuel Bray of the Notre Dame School of Law explains the debate surrounding these controversial court orders and explores their potential to short-circuit the Supreme Court’s decision-making process.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.
Learn more about Samuel Bray:
Differing Views:
Harvard Law Review: “Multiple Chancellors: Reforming the National Injunction”
Harvard Law Review: “Nationwide Injunctions and National Harm”
SCOTUSblog: “Academic highlight: The debate over nationwide injunctions”
Harvard Law Review: “Class Actions, Civil Rights, and the National Injunction”
Balkinization: “On the so-called ‘Global Injunction’ question in the Travel Ban case”
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