Congress and Universal Injunctions

Wasserman, Howard M.

Journal: Cardozo Law Review de•novo

Volume: 2021

First Page: 187

Year: 2021

Bluebook Citation: 2021 CARDOZO L. REV. DE NOVO 187 (2021)

Author: Howard M. Wasserman: all 38 publications


Abstract

As the judicial and scholarly debate rages over the power of federal courts to issue universal or non-particularized injunctions, this paper explores the role of Congress in ending this controversy. It considers the details, wisdom, and efficacy of five legislative proposals to eliminate or limit universal/non-particularized injunctions; it concludes that one approach resolves the problem—a flat and unequivocal prohibition on injunctions that protect anyone other than the plaintiffs.

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