Justice Kagan on Universal Injunctions in 2022
Back in 2022, while speaking at the Northwestern University Law School, Justice Elena Kagan addressed the issue of universal injunctions, in the context of noting how the issuance of such injunctions forced the Court to consider more questions on an expedited basis through the emergency docket. Politico reported on the comments at the time, as noted by Sam Bray here.
Based upon the video, here are her remarks:
in in recent years some district courts have issued nationwide injunctions, and this happened in the Trump administration and it has also happened in the Biden administration so this has no political tilt to it, but some district courts have, you know, very quickly issued nationwide injunctions to stop a policy in its tracks that . . . the President and/or Cong
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