State Standing to Pursue Nationwide Injunctions 2011
injunctions, and in which courts award such relief.
states assert standing to obtain nationwide injunctions against the
availability of nationwide injunctions in federal court; some of these
interested in how state standing to pursue nationwide injunctions
addresses larger questions, such as when nationwide injunctions may be
PRELIMINARY INJUNCTIONS & PUBLIC INTEREST AFTER WINTER
(72) It is not clear that a more coherent public interest factor will lead to more or fewer preliminary injunctions. What is clear is that a more structured approach to this factor will ensure that courts thoroughly consider public interests in preliminary injunction cases.
(123) While courts should be mindful of the broader implications of their injunctions, in many purely private cases they should apply this private-party rule to minimize the importance of the public interest factor.
Finally, a legitimate public interest factor is implicated when courts consider preliminary injunctions that might interfere with previously entered injunctions of other courts.
Professor Samuel Bray has argued that courts should refrain from issuing "national injunctions" against the federal government because they encourage "forum shopping, worse decision making, [and] a risk of conflicting injunctions." (152) After surveying several legal doctrines that are at odds with broad, nationwide injunctions, (153) Bray concludes that "there is no room for the national injunction" in the U.S.
Weisshaar, Note, Hazy Shades of Winter: Resolving the Circuit Split over Preliminary Injunctions, 65 VAND.