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Wednesday, June 16, 2021

Universal injunctions are good again

So says a Trump-appointed judge on the Western District of Louisiana in a challenge by a red state (Louisiana) to a Biden Administration's pause in issuing new oil and gas leases. Here is the total analysis on scope: "This Court does not favor nationwide injunctions unless absolutely necessary. However, it is necessary here because of the need for uniformity. Texas, 809 F.3d at 18788. The Agency Defendants’ lease sales are located on public lands and in offshore waters across the nation. Uniformity is needed despite this Court’s reluctance to issue a nationwide injunction."

This is another example of why there is no meaningful limitation on universality, a judge's pearl-clutching "reluctance" not withstanding. All federal law applies "across the nation." If there is a need for uniformity, it is not limited to oil and gas leases, but applies to all challenges to all federal law. So all injunctions, at least as to enforcement of federal law, must be universal or there is no logical basis for making some universal and others not.

Posted by Howard Wasserman on June 16, 2021 at 02:22 PM in Civil Procedure, Howard Wasserman, Judicial Process | Permalink

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