A divided Ninth Circuit panel declined to push the pause button on a San Francisco-based district court’s nationwide injunction blocking the government from carrying out President Trump’s executive order aimed to reign in the size of the federal government through large-scale reductions in its workforce, with special focus on those federal agency “offices that perform functions not mandated by statute or other law.” A coalition of unions, nonprofits, and local governments brought the lawsuit to challenge the president’s authority to reorganize the agencies, absent congressional approval. Undeterred, the government promptly applied to the Supreme Court to freeze the injunction while its appeal before the Ninth Circuit moves forward. In arguing for the emergency relief, Solicitor General D. John Sauer called the district court’s order “flawed” and resting on an “indefensible premise” that the president needs authorization from Congress to oversee personnel decisions within the Executive Branch. In an unsigned, one-page order issued July 8, the Supreme Court seemingly had no difficulty staying the injunction, reasoning that “the Government is likely to succeed on its argument that the Executive Order… [is] lawful.”Continue Reading Decision Alert: Supreme Court Clears the Way for Executive Control

The Supreme Court ruled 6-3 in Trump v. CASA, Inc. that federal district courts lack authority under the Judiciary Act of 1789 to issue universal (or nationwide) injunctions. Justice Barrett wrote the Court’s opinion, joined by Chief Justice Roberts and Justices Thomas, Alito, and Kavanaugh. Justices Thomas, Alito, and Kavanaugh filed separate concurrences. Justice Sotomayor dissented, joined by Justices Kagan and Jackson. Justice Jackson also authored a separate dissent.Continue Reading Decision Alert: Supreme Court Rules District Courts Lack Power to Issue Universal Injunctions

On May 15, 2025, the Supreme Court heard oral argument on three related emergency applications—Trump v. CASA, Inc.(No. 24A884); Trump v. Washington (No. 24A885); and Trump v. New Jersey (No. 24A886)—arising from President Trump’s January 20, 2025, executive order restricting birthright citizenship. As Dykema previously reported, the case raises a critical legal question: whether a federal district court may issue nationwide, or “universal,” injunctions and, if so, under what legal framework such relief is justified.Continue Reading Supreme Court Hears Argument on Nationwide Scope of Injunction