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What Congress Misses About Universal Injunctions

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > What Congress Misses About Universal Injunctions

What Congress Misses About Universal Injunctions

Law360 (March 3, 2020, 5:04 PM EST) — One of the hottest issues involving the federal courts hit the halls of Congress on Feb. 25 when the Senate Judiciary Committee held a hearing on universal injunctions.[1] These are court orders that prohibit the government from enforcing a challenged law against anyone, not just against the parties challenging the law. The committee invited distinguished scholars to discuss and answer questions about this practice.[2]

The panelists and senators all seemed to agree that the current situation is not sustainable. Yet when the hearing ended, there was no consensus on what should be done and only a general consensus on who should…

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