Roberto von Archimboldi on Nostr: Reading the Supreme Court judgment in Trump v Casa, to my English trained eye it ...

Reading the Supreme Court judgment in Trump v Casa, to my English trained eye it strikes me that the majority have not managed to prevent the lower courts from preventing the executive from implementing unconstitutional orders. They have ruled that there is no such thing in US equity as a universal injunction, but leave it open to a district court to give 'complete relief' to a plaintiff. If a plaintiff can show that nothing other than an absolute ban on implementing the executive order will suffice, the court can, for that plaintiff, prohibit the government from enacting its order. This is a high threshold, but the threshold for a universal injunction was already high.

Casa argued, if I followed the minority opinion correctly, that they had so many members across so many states, that nothing short of a blanket ban on enforcement would do.

In short there never was a 'universal injunction'. There was simply an injunction restraining the President from implementing his executive order. An injunction against an individual was clearly known to English Lord chancellors of the 18th century.

I am almost certainly wrong, but I would like to know why.

#LawFedi