"Trump v. Commonwealth of Pennsylvania: Brief for Nicholas Bagley and S" by Nicholas Bagley
 

Document Type

Brief

Publication Date

3-1-2020

Abstract

Amici curiae are professors of law who have expertise that bears directly on one of the questions before this Court: Whether the court of appeals erred in affirming a nationwide preliminary injunction barring implementation of the final rules challenged by respondents.<\p>

This case squarely raises the propriety of an accelerating trend in the lower federal courts issuing injunctions that extend beyond the parties to bar enforcement of a challenged federal law or policy across the Nation. These injunctions are variously called "national," "universal," or "nationwide." They are inconsistent with the proper role of the federal courts in our constitutional structure and they have no basis in traditional equity practice. They also lead to adverse practical consequences, both for the judicial system and for the federal government's ability to do its work.<\p>

Amici take no position on the merits of the rules challenged by respondents in this case. If this Court reaches the question of remedy, however, it should reverse the court of appeals' affirmance of the national injunction.<\p>

Comments

Amicus: Bagley, Nicholas; Bray, Samuel L.

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