National injunctions and the APA appear in an argument at the Court

Aaron Nielson wrote a great post on the Notice and Comment Blog. Arizona v. City and County of San Francisco (California)The Supreme Court heard oral arguments in this case earlier this week. Professor Nielson discusses two arguments presented by the United States’ Deputy Secretary General. I want to call attention to the first one, which is a rejection of national/nationwide/universal injunctions, on grounds of both equity principles and Article III, and even in APA cases. The Department of Justice continues to maintain this position, which can be traced back through all administrations to President George W. Bush. This is an admirable feat. This information can be found on page 49.

John Harrison wrote a piece for Yale Journal on Regulation Bulletin titled “Section 706 of the Administrative Procedure Act Doesn’t Call For Universal Injunctions Or Other Universal Remedies”. Here is a summary of Professor Harrison’s argument.