Proponents of nationwide injunctions argue that they are a necessary tool. These injunctions check executive overreach and ensure the consistent application of federal law.

Arguments For Nationwide Injunctions

Uniformity of Law: A single, nationwide policy should have a single ruling. Having different policies in various states would create legal chaos. This would also lead to unequal treatment of citizens.

Preventing Irreparable Harm: Sometimes a government policy causes widespread, irreversible harm. A nationwide injunction can give immediate, broad relief. This helps people who lack the time or money to file their own lawsuits.

Judicial Efficiency: A single injunction can prevent many similar lawsuits. This keeps the judicial system from being strained.

Historical Precedent: Some scholars say the practice isn’t new. It has roots in historical equity practices. Courts once provided remedies that went beyond the immediate parties in a lawsuit.