9th Circ. Wrestles With 2-Edged Sword Of National Injunctions

Law360 (December 2, 2019, 9:55 PM EST) -- A Ninth Circuit panel expressed concerns Monday with upholding nationwide rulings that block Trump administration policies aimed at deterring asylum-seekers and cutting sanctuary cities' federal funding, with one judge saying such injunctions are a "two-edged sword" and could result in the U.S. Supreme Court staying the litigation altogether.

During back-to-back hearings in San Francisco, U.S. Circuit Judge Richard Clifton said his "fear" is that if the three-judge panel upholds the two nationwide injunctions, the Supreme Court could then pause the litigation and prevent the rulings from taking effect.

"Then you end up with a stay that doesn't even let that court...

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