D. John Sauer

Mr. Chief Justice, and may it please the court.

Mr. Chief Justice, and may it please the court.

Universal injunctions exceed the judicial power granted in Article III, which exists only to address the injury to the complaining party. They transgress the traditional bounds of equitable authority, and they create a host of practical problems.

Universal injunctions exceed the judicial power granted in Article III, which exists only to address the injury to the complaining party. They transgress the traditional bounds of equitable authority, and they create a host of practical problems.

They create what Justice Powell described as repeated and essentially head-on confrontations between the life-tenured and representative branches of government. And they disrupt the Constitution's careful balancing of the separation of powers.

They create what Justice Powell described as repeated and essentially head-on confrontations between the life-tenured and representative branches of government. And they disrupt the Constitution's careful balancing of the separation of powers.

In appropriate cases, courts have certified class actions on an emergency basis. We found at least four cases in recent years where that was done.

In appropriate cases, courts have certified class actions on an emergency basis. We found at least four cases in recent years where that was done.

Generally, our practice is to respect circuit precedent within the circuit, but there are...

Generally, our practice is to respect circuit precedent within the circuit, but there are...