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Gorsuch (joined by Thomas) gave a preview in 2020 of how SCOTUS is likely going to deal with the plague of nationwide injunctions by lower court judges: “The real problem here is the increasingly common practice of trial courts ordering relief that transcends the cases before them. Whether framed as injunctions of ‘nationwide’, ‘universal’, or ‘cosmic’ scope, these orders share the same basic flaw — they direct how the defendant must act toward persons who are not party to the case. … It has become increasingly apparent that this Court must, at some point, confront these important objections to this increasingly widespread practice. … The routine issuance of universal injunctions is patently unworkable, sowing chaos for litigants, the government, courts, and all those affected by these conflicting decisions. … This is not normal.”

JerryDunleavy ↗