In a recent op-ed for the L.A. Times, Executive Editor Getzy Berger (’17) discusses the merits of nationwide injunctions. Berger discusses how liberals criticized the sweeping nature of nationwide injunctions for halting President Obama’s executive actions, and how liberals have flipped their arguments as nationwide injunctions halt President Trump’s executive actions. Berger argues that it is a “bedrock principle of the federal judiciary that lower federal ccourts, meaning all courts below the Supreme Court, don’t make nationwide law,” and that the “structure and integrity of our federal courts are more important than the outcome of an individual case or two.” His op-ed is based on his Note, forthcoming in the Volume 92, Issue 4 (October 2017).
Berger’s post can be found here. A copy of Berger’s Note can be found on his SSRN page here.