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Wednesday, April 08, 2020

Universality in Texas

Following on Dan's post about the Tuesday's Texas abortion case and courtesy of Josh Blackman, there is FN 19 of the opinion:
 
Although not necessary to our decision, we note that the district court purported to  enjoin GA-09 as to all abortion providers in Texas. But Respondents are only a subset of  Texas abortion providers and did not sue as class representatives. The district court lacked authority to enjoin enforcement of GA-09 as to anyone other than the named plaintiffs. See Doran v. Salem Inn, Inc., 422 U.S. 922, 931 (1975) (explaining “neither declaratory nor injunctive relief can directly interfere with enforcement of contested statutes or ordinances except with respect to the particular federal plaintiffs”). The district court should be mindful of this limitation on federal jurisdiction at the preliminary injunction stage.
This is obviously dicta, given how the case came out. But it illustrates two points about the scope-of-the-injunction issue. First, it is not limited to cases involving ederal law and certainly not limited to federal executive orders and regulations. Because the real issue is injunctions extending beyond the parties, it is present regardless of the source of law. Second, had the court come out the other way on the merits, this is a good example of a case in which the practical effect would be universality, either because the government will fall in line and not enforce against anyone or because it would be easy for other providers to join and have the injunction extended to them.

Posted by Howard Wasserman on April 8, 2020 at 01:09 PM in Civil Procedure, Constitutional thoughts, Howard Wasserman, Judicial Process, Law and Politics | Permalink

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