Reference Materials – The U.S. Supreme Court vs. Lower-Court National Injunctions – July 19

This month’s topic is another instance of an important public-policy issue that book publishers don’t see fit to let see the light of day.

[In all fairness to publishers, this issue, though incredibly important (whether any of more than 670 U.S. District Court Judges should be permitted to “put on hold” Presidential Executive Orders, Congressionally-passed statutes, Federal Agency regulations, etc. -- for years while the cases wend their leisurely way to the U.S. Supreme Court) is esoteric enough that a publisher can’t expect to sell many books.]

Accordingly, we will endeavor to address it by, inter alia, dredging up worthwhile “Reference Materials” in trying to achieve a consensus on an appropriate public policy.

The following “Reference Materials” were already contained in the “Original Proposal” at viewtopic.php?f=746&t=2357&sid=ca9219cb ... d1d01f2ec5 --

(1) Its third paragraph mentions that the National Law Journal reported on 7/14/2020 that during 2017-2018 there were 25 nationwide injunctions and that “a few [Supreme Court] justices are on the warpath against nationwide injunctions” -- though obviously not yet a majority for banning them outright.

(2) After a brief intro, the Original Proposal includes ver batim a 9/25/2021 article from Harvard Law Today reporting on a symposium of 4 Harvard Law School faculty on the issue.

[The remainder of the Original Proposal comprises examples of the U.S. Supreme Court policing lower courts long before their cases wend their leisurely way to the Supreme Court.]

In addition to the two “Reference Materials” contained in the “Original Proposal” this section includes, inter alia, several of the top Google results from searching “National Injunctions” --

(1) 2/6/2023 Bloomberg News OpEd by George Washington Univ Law School Associate Dean – “It’s Time to Enact a 3-Judge Court Law for National Injunctions.”

(2) Harvard Law Review article (Dec 2017) entitled “Multiple Chancellors: Reforming the National Injunction” by Univ of Notre Dame Law School Prof. Samuel L. Bray.

(3) Harvard Law Review article (Jan 2020) Entitled “The Lost History of the ‘Universal’ Injunction” by U of San Diego Law School Assoc. Dean Mila Sohoni.
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