‘Equity, the Judicial Power, and the Problem of the National Injunction’

Samuel L Bray, Multiple Chancellors: Reforming the National Injunction (2016), available at SSRN. Samuel Bray’s newest article tackles a topic of serious concern. The national injunction is an injunction against the enforcement of a federal statute or regulation against all people nationwide, not simply to protect the plaintiffs in one case. It is a powerful tool for political actors and interest groups who use litigation to accomplish regulatory and de-regulatory goals. Unknown to traditional equity, the national injunction somehow wormed its way into judicial practice in the second half of the twentieth century and has been deployed with powerful effect through the present. Bray identifies some of the principal problems caused by the national injunction, investigates the changes that led to its emergence and spread, and offers a simple principle for limiting injunctive relief to the protection of plaintiffs. If adopted, Bray’s prescription would end the national injunction … (more)

[Kevin C Walsh, JOTWELL, 24 November]

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