Why National Injunctions Will Survive High Court Scrutiny

Law360 (January 31, 2020, 6:00 PM EST) -- Democrats complained when one judge in U.S. District Court for the Eastern District of Texas blocked President Barack Obama’s blacklisting executive order for the entire United States.[1]

Republicans reacted with the same outrage when a single judge in the U.S. District Court for the Northern District of California stopped the repeal of the Deferred Action for Childhood Arrivals program for everyone, everywhere.[2]

They howled again when another judge in the U.S. District Court for the Northern District of Illinois stepped in to save federal grants to all sanctuary cities — not just within the court’s jurisdiction.[3]

National injunctions from district courts have ticked...

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