Should One Judge Have All This Power? (A7)

Date/Time: Sunday, July 15, 2018: 11:30 AM – 12:30 PM
Speakers: Charlton Copeland, University of Miami School of Law; Dwight King, Notre Dame Law Library; Michael Morley, Florida State University

What are the implications of an increasing trend for single district court judges to issue nationwide injunctions halting the enforcement of a federal statute, regulation, or executive order? It is surely no coincidence that injunctions against Trump administration initiatives (for example, the executive orders banning travelers from several Muslim-majority countries and the Department of Justice rules relating to sanctuary cities) came from relatively liberal courts in the Ninth and Fourth Circuits, while those against the Obama administration, including Deferred Action for Parents of Americans (DAPA), came from relatively conservative courts in the Fifth Circuit. Does uniformity in treatment of such important questions as nationwide immigration policies demand nationwide injunctions?

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