Two legal scholars who often differ ideologically are urging the U.S. Supreme Court to use an Affordable Care Act contraceptive insurance case to put an end to nationwide injunctions.
University of Michigan Law School’s Nicholas Bagley and Notre Dame Law School’s Samuel Bray, joining forces in an amicus brief in the case Trump v. Pennsylvania, contend the injunctions are “inconsistent with the proper role of the federal courts” and have “no basis in traditional equity practice.” They argue nationwide, or “universal,” injunctions lead to “adverse practical consequences, both for the judicial system and for the federal government’s ability to do its work.”
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