Monday, October 23, 2023
What are the factors in our legal system that have resulted in the proliferation of nationwide injunctions? Are there systemic conditions that allow nationwide injunctions to be abused? If so, how can we prevent these abuses, and can we do so while maintaining the mechanism of nationwide injunctions?
The panel examined the current environment in which the imposition of nationwide injunctions has become common, and how our legal system should best address this phenomenon.
Moderator: Steve Vladeck (Professor, Texas Law)
Panelists:
Alexia Korberg (Partner, Paul Weiss)
Alex Reinert (Professor, Cardozo Law)
Noah Rosenblum (Professor, NYU Law)
Hon. W. Louis Sands (Senior United States District Judge, Middle District of Georgia)
Kate Shaw (Professor, Cardozo Law)
Nationwide injunctions are playing an increasing role in the American legal landscape. From the beginnings of the U.S. judiciary until the 1960s, nationwide injunctions were not a feature of our legal system. Individual federal judges imposed no injunctions barring conduct across the entire nation during that time. But this has changed. 55 nationwide injunctions were imposed by courts during the presidency of Donald Trump, and the practice continues under the current administration.
Are nationwide injunctions a problem? Should they be restricted? If so, how? Should the federal courts tackle the problem of judge-shopping by reexamining the distribution of cases in a judicial district that includes a division populated by a single judge?
Негізгі бет Nationwide Injunctions: Procedural Complications Surrounding Nationwide Injunctions (Panel 2)
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