Sixth Circuit Narrows Injunction to the Parties
Today a panel of the Sixth Circuit (Judge Larsen writing, joined by Judges Siler and McKeague) affirmed a preliminary injunction against the enforcement of the COVID vaccination requirement for federal contractors. But the court narrowed the preliminary injunction, which had covered parties and non-parties alike in the plaintiff states. Now the injunction protects only the parties to the case–as it should. The court’s opinion is here.
Co-blogger Jonathan Adler has already written about the opinion, especially about the merits. Here I will reproduce the court’s discussion of the scope of the injunction:
The parties agree that federal courts should not issue relief that extends further than necessary to remedy the plaintiff’s injury. Although a geographically limited injunction like the one issued here does not create all of the practical problems associated with “nationwide” or “universal” injunctions, see Arizona v. Biden, 31 F.4th 469, 484 (6th Cir. 2022) (Sutton, C.J., concurring), affording relief beyond the parties nonetheless raises substantial questions about federal courts’ constitutional and equitable powers, see id. at 483; Dep’t of Homeland Sec. v.
Article from Reason.com