Reasonable people can and will certainly disagree about the circumstances in which district courts ought to be able to bar defendants from acting against non-parties. But that's just as much of an issue within the district court's territorial jurisdiction as it is outside of it.
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And in the other direction, it's well-settled that, so long as a district court has jurisdiction over the defendants, it can issue relief to the _plaintiffs_ transcending its borders. Those "nationwide" injunctions are less objectionable because this isn't really about territory.
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I understand the allure of using terms like "nationwide" or "cosmic" injunctions, but this is all a bogeyman. The real fight is a much nerdier, more complicated, and less partisan one over a really important procedural issue about the proper scope of _all_ injunctive relief.
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And this is why every case where an injunction is sought should be certified as a (b)(2) class ;)
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Wish we had a short convenient phrase for “orders against non-parties.” “Nationwide injunction” is catchy.
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The type of order Prof. Vladeck is discussing is an order against a party (usually, the federal government), not against a non-party.
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Right. Exactly how Gorsuch put it
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My personal hobby horse is that we could paper over a lot of the issues with procedural fixes for nationwide injunction suits. Like, liberal intervention rights for third parties and appeals go to DC Cir.
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I’ve never heard a convincing argument for why a court should say “this law/rule is facially unconstitutional or otherwise facially invalid, but the government should feel free to continue enforcing it against people who lack the resources to file a federal lawsuit.”
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Čini se da učitavanje traje već neko vrijeme.
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