Supreme Court Nukes Universal Injunctions (UPDATED)
in a major decision this morning, the Supreme Court has put the kibosh on the growing practice of issuing universal injunctions. In a 6-3 decision by Justice Amy Coney Barrett (the former civil procedure professor, natch), the Court grants the Trump Administration’s request to narrow the injunction in Trump v. CASA (the Birthright Citizenship case). [Note, however, the opinion says nothing about the merits of the Trump Administration’s position on birthright citizenship.]
The Court split on ideological lines. .Justice Thomas concurred (joined by Justice Gorsuch); Justice Alito concurred (joined by Justice Thomas), Justice Kavanaugh concurred. Justice Sotomayor dissented (joined by Justices Kagan and Jackson), and Jackson wrote a separate dissent (to which the majority replies quite forcefully).
a dissenting opinion.
Justice Barrett’s decision for the Court begins:
The United States has filed three emergency applications challenging the scope of a federal court’s authority to enjoin Government officials from enforcing an executive order. Traditionally, courts issued injunctions prohibiting executive officials from enforcing a challenged law or policy only against the plaintiffs in the lawsuit. The injunctions before us today reflect a more recent development: district courts asserting the power to prohibit enforcement of a law or policy a
Article from Reason.com
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