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court did not abuse its discretion in issuing a nation- Frost noted that lower courts recently have be-
wide injunction. The Administrative Procedure Act come “more thoughtful” in issuing these injunctions,
contemplates nationwide relief from invalid agency “which might be a reason for the Supreme Court to
action.” hold off deciding the issue but rather allow the law
The lack of action so far by the justices on the is- to continue to develop among the lower courts.”
sue of nationwide injunctions stems likely from the In one recent case, a Ninth Circuit panel scaled
fact they haven’t had the type of cases that would al- back the nationwide scope of a district court injunc-
low them to get involved, said Howard Wasserman tion against Justice Department funding conditions
of Florida International University School of Law, on grants to so-called sanctuary cities, which have
who has criticized global injunctions. laws restricting their assistance to federal enforce-
In the Dreamers case, Wasserman said, the ment of immigration laws. The panel limited its
majority ruled that the rescission violated the Ad- reach to California’s geographic boundaries.
ministration Procedure Act. As Chief Justice John “Although San Francisco offered evidence that
Roberts Jr. wrote in a footnote, the nature of the some jurisdictions across the country might
court’s ruling meant it wasn’t necessary for the jus- welcome an injunction against the Challenged Con-
tices to examine the propriety of the nationwide ditions, nothing in the record or in the nature of
injunctions. the claims suggests that the relief
And in the contraception insur- granted by the district court needs
ance case, Wasserman said, the to be extended to state and local
court upheld the administration’s governments outside of Califor-
regulations, and so there was no nia, not parties to this litigation,
reason to examine the injunction. Although a few justices in order to fully shield plaintiffs,”
are on the warpath against Judge Richard Clifton wrote.
“They just haven’t had a case
that is straight up agreeing that nationwide injunctions, Universal injunctions have been

some law or regulation is constitu- the rest realize that the defended in several trial court
tionally invalid and now they have issue is very complicated, cases challenging the Trump ad-
to address the scope of the injunc- ministration’s move, which was
tion,” Wasserman said. and could end up now abandoned Tuesday, to re-
Amanda Frost of American quire foreign students to take
disempowering courts, in-person classes or lose their vi-
University Washington College of one legal scholar says.

Law, who has written in favor of sas.
nationwide injunctions, said she “Immediate, system-wide relief
thinks there may be more to the is necessary,” Jenner & Block part-
justices’ lack of action. ner Matthew Price, representing
“Although a few justices are on the warpath against 59 colleges and universities as friends-of-the-court
nationwide injunctions, the rest realize that the issue in the Boston case, said in a court filing. “First, im-
is very complicated, and could end up disempower- migration law is quintessentially federal; it should
ing courts in a moment when the executive is often be applied evenly throughout the nation. Second,
making sweeping changes to the law affecting mil- narrower relief would spur duplicative emergency
lions through executive orders,” Frost said. litigation in every district court or would require
The justices also might think the Supreme Court hundreds of colleges and universities to join this suit
“is not the best institution to address this issue, as intervenors.”
because their decisions effectively are nationwide ¦

injunctions because they set binding precedent for Marcia Coyle, based in Washington, covers the
the nation. So the issue of nationwide injunctions U.S. Supreme Court. Contact her at mcoyle@alm.
is quasi-dicta when it reaches the Supreme Court.” com. On Twitter: @MarciaCoyle

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