Document Type
Article
Publication Date
2022
Status
Working
Abstract
In this essay, Professor Pierce discusses two related problems that the Supreme Court must address—the large increase in nationwide preliminary injunctions issued by district judges to prohibit the executive branch from implementing major federal actions and the large increase in the number of cases in which the Supreme Court either stays or refuses to stay preliminary injunctions without providing an adequate explanation for its action. He begins by describing the sources of the two problems and the many ways in which they threaten our system of justice. He then urges the Court to issue an opinion in which it provides a clear legal framework that district courts, circuit courts, and the Supreme Court itself can use to identify the unusual circumstances in which a district court should issue a preliminary injunction that prohibits the executive branch from implementing an action.
GW Paper Series
2022-71
SSRN Link
https://ssrn.com/abstract=4293983
Recommended Citation
Pierce, Richard J. Jr, "How Should the Court Respond to the Combination of Political Polarity, Legislative Impotence, and Executive Branch Overreach?" (2022). GW Law Faculty Publications & Other Works. 1644.
https://scholarship.law.gwu.edu/faculty_publications/1644