Samuel Bray | 4.10.2024 12:38 PM

Sometimes it seems like nothing ever changes with the national injunction. Federal district courts still give them, with all of the predictable consequences related to forumshopping, percolation, end runs around class actions, and rushed decisionmaking with slender factual records. But there are changes. Some federal courts of appeals have been growing noticeably more skeptical about national injunctions (e.g., the Eleventh). There has been a shift from injunctions to the so-called remedy of "vacatur." And there is a new push from Senator McConnell to end the national injunction–which should be welcomed by Democrats and Republicans alike, because everyone has felt and will feel the pain. (The counter-argument in the NY Times article........

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