National Injunction Case Added to the Court’s Docket
This morning, for the fourth time in the last two decades, the Supreme Court of the United States has granted certiorari to address the legality of the national injunction. The case is Wolf v. Innovation Law Lab (SCOTUSBlog’s case page is here). The injunction question–”whether the district court’s universal preliminary injunction is impermissibly overbroad”–is the fourth of the four questions presented.
The panel decision below was by Judge Fletcher. After noting that “nationwide injunctions have become increasingly controversial” and arguing that the district court’s injunction in the case was not truly national (just the southern border), Judge Fletcher gave two reasons for affirming it: the APA and immigration exceptionality.
The immigration exceptionality argument is very weak as a matter of constitutional text and history–”an uniform rule of naturalization” is not a synec
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