The District Court imposed an injunction that barred the
Government from enforcing the President’s Proclamation
against anyone, not just the plaintiffs. Injunctions that
prohibit the Executive Branch from applying a law or
policy against anyone—often called “universal” or “nationwide”
injunctions—have become increasingly common.1
District courts, including the one here, have begun
imposing universal injunctions without considering their
authority to grant such sweeping relief. These injunctions
are beginning to take a toll on the federal court system—
preventing legal questions from percolating through the
federal courts, encouraging forum shopping, and making
every case a national emergency for the courts and for the
Executive Branch.
I am skeptical that district courts have the authority to
enter universal injunctions. These injunctions did not
emerge until a century and a half after the founding. And
they appear to be inconsistent with longstanding limits on
equitable relief and the power of Article III courts. If
their popularity continues, this Court must address their
legality.
