Assertion: nationwide injunction | /r/HasProperty | appropriate
Facets:
value: in those situations
type: TEMPORAL
value: especially
type: DEGREE
value: so too
type: DEGREE
value: in order to vindicate norms
type: PURPOSE
value: entirely
type: DEGREE
value: against a private party
type: TRANSITIVE-OBJECT
value: in a particular case
type: OTHER
value: from preclusion
type: OTHER
value: conversely
type: DEGREE
value: in order to vindicate equality
type: PURPOSE
Source sentences:
text: Judge Orrick reasoned that "where a law is unconstitutional on its face, and not simply in its application to certain plaintiffs, a nationwide injunction is appropriate.
text: These limitations on preclusion actually prove quite productive in identifying when nationwide injunctions are also inappropriate.
text: Yet the court’s rationale included no such limit and instead suggested that a nationwide injunction could be an appropriate remedy in any challenge to federal agency action merely because a litigant can usually sue the federal government in D.C.
text: The two-part standard that should determine when a nationwide injunction is appropriate derives from preclusion and, in particular, the theory of nonacquiescence.
text: The question whether a nationwide injunction is appropriate against a private party most often arises in intellectual property litigation.
text: Weighing against the prudential interest in judicial efficiency, there are several countervailing concerns in favor of adopting a more limited view of when nationwide injunctions are appropriate.
text: It is true that the complete relief principle will not always resolve whether a nationwide injunction is appropriate in a particular case.
text: The touchstone for when nationwide injunctions are most necessary and appropriate is when the government acts in bad faith by refusing to abide by settled law.
text: However, when the government refuses in bad faith to abide by settled law, a nationwide injunction is appropriate.
text: That is, when three lower courts have resolved a particular question in the same way, a nationwide injunction might be appropriate, especially if there is a particular need to resolve that question uniformly and expeditiously.
text: As discussed at greater length in Part III, the risk of inconsistency should weigh heavily in a court’s prudential assessment of whether a nationwide injunction is appropriate.
text: In doing so, it demonstrates that preclusion principles suggest a coherent theory of when nationwide injunctions are appropriate.
text: Rather, it identified a further set of policy considerations that courts should take into account when assessing whether preclusion—and similarly a nationwide injunction—is appropriate.
text: But they do not identify the standard that should affirmatively guide courts in deciding that a nationwide injunction is appropriate.
text: Conversely, when the government acts in bad faith, a nationwide injunction is entirely appropriate in order to vindicate equality and rule-of-law norms.
text: Nationwide injunctions might also be appropriate even when the government is not, strictly speaking, acting in bad faith.
text: A nationwide injunction was appropriate, even though the Supreme Court had not stepped in.
text: But nationwide injunctions can also be appropriate even if an official is not technically behaving in bad faith.
text: Nationwide injunctions can be especially appropriate when various courts rule in favor of plaintiffs challenging governmental action and grant the same provisional relief.
text: Scholars, especially when arguing against the propriety of nationwide injunctions, often describe Mendoza’s holding in similarly unconditional language and contend that if nonmutual issue preclusion against the government is forbidden, so too nationwide injunctions are inappropriate.
text: There are various ways to approach this question, but a useful starting point is to think about situations in which the law is unsettled—that is, when a nationwide injunction is inappropriate.
text: When these considerations from the preclusion realm suggest that the law is unsettled, nationwide injunctions are inappropriate.
text: The lack of consensus with respect to the second and third iterations of the travel ban suggested that nationwide injunctions were inappropriate in those situations.