Law, disrupted
Law, disrupted is a podcast that dives into the legal issues emerging from cutting-edge and innovative subjects such as SPACs, NFTs, litigation finance, ransomware, streaming, and much, much more! Your host is John B. Quinn, founder and chairman of Quinn Emanuel Urquhart & Sullivan LLP, a 900+ attorney business litigation firm with 29 offices around the globe, each devoted solely to business litigation. John is regarded as one of the top trial lawyers in the world, who, along with his partners, has built an institution that has consistently been listed among the “Most Feared” litigation firms in the world (BTI Consulting Group), and was called a “global litigation powerhouse” by The Wall Street Journal. In his podcast, John is joined by industry professionals as they examine and debate legal issues concerning the newest technologies, innovations, and current events—and ask what’s next?
Law, disrupted
Universal Injunctions: A Conversation with Professor Samuel Bray
John is joined by Samuel L. Bray, the John N. Matthews Professor of Law at Notre Dame Law School. They discuss the increasing—and controversial— use of universal (often called “nationwide”) injunctions. Universal injunctions are court orders that block government policies not just for the parties to a case, but for everyone, including nonparties to the litigation. The term “nationwide injunctions” suggests that the controversy over them stems from the geographic scope of the injunctions. However, federal district courts have long issued nationwide and international injunctions in many fields, including patent enforcement. The issue raised by universal injunctions is that they regulate the government’s behavior toward non-parties.
Universal injunctions have proliferated in the past ten years, with nearly every major presidential initiative—regardless of administration—being halted by a single district court judge somewhere in the country. Historically, such sweeping injunctions were virtually nonexistent until the 1960s. Injunctions would apply only to the parties in a case, allowing the legal issues to percolate through multiple appellate courts before potentially reaching the Supreme Court for definitive resolution.
Proponents argue that universal injunctions ensure equality and efficiency by preventing unconstitutional policies from being applied to anyone, not just the plaintiffs in the case at hand. Critics argue universal injunctions undermine democratic governance, short-circuit legal development, and encourage forum shopping and rushed decision-making. These injunctions may also produce class action outcomes without meeting the legal requirements for a class.
The Supreme Court is now poised to address the issues posed by universal injunctions, in a case involving birthright citizenship. Professor Bray believes the Court will limit universal injunctions using the equitable tradition codified in the Judiciary Act, which did not historically allow such remedies. He expects the Court to reaffirm that injunctions should provide relief only to the parties in the case unless a class is certified.
Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi
