Will Bode

So this was a challenge in the Northern District of Texas or the Eastern District of Texas. Sorry. The other jurisdiction that granted nationwide injunctions during the Biden administration. Be sure to update your calendars and your maps because we're soon switching to the District of Washington and the District of Hawaii. And now let's talk administration.

So this was a challenge in the Northern District of Texas or the Eastern District of Texas. Sorry. The other jurisdiction that granted nationwide injunctions during the Biden administration. Be sure to update your calendars and your maps because we're soon switching to the District of Washington and the District of Hawaii. And now let's talk administration.

They rehang a lot of the pictures. Yeah. All right. So the nationwide injunctions are all coming from somewhere else. But this was a nationwide injunction that came from the Eastern District of Texas against the Corporate Transparency Act, which passed in 2021, requires a bunch of filings that businesses find annoying.

They rehang a lot of the pictures. Yeah. All right. So the nationwide injunctions are all coming from somewhere else. But this was a nationwide injunction that came from the Eastern District of Texas against the Corporate Transparency Act, which passed in 2021, requires a bunch of filings that businesses find annoying.

And it was given a nationwide injunction at the Eastern District of Texas against

And it was given a nationwide injunction at the Eastern District of Texas against

The SG – again, this is the old SG, Elizabeth Prelogger, went to the Supreme Court to try to get the nationwide injunction vacated and also suggested this might be a good time for the court to grant cert on the availability of nationwide injunctions, something that the SG's office in multiple parties has been trying to get the court to reconsider. And the court –

The SG – again, this is the old SG, Elizabeth Prelogger, went to the Supreme Court to try to get the nationwide injunction vacated and also suggested this might be a good time for the court to grant cert on the availability of nationwide injunctions, something that the SG's office in multiple parties has been trying to get the court to reconsider. And the court –

granted the application for a stay pending the disposition of petition for cert and said nothing else. Justice Gorsuch wrote a concurrence saying, you know, I agree with the government. I agree with the court that the government's entitled to a stay at the district court's universal injunction. I would accept the invitation.

granted the application for a stay pending the disposition of petition for cert and said nothing else. Justice Gorsuch wrote a concurrence saying, you know, I agree with the government. I agree with the court that the government's entitled to a stay at the district court's universal injunction. I would accept the invitation.

I would go further and take this case now to resolve definitively the question whether a district court may issue a universal injunction of relief. And then Justice Jackson wrote separately to say she would not grant the stay. She thought the government had not done enough to show the need to step in and vacate the Eastern District of Texas injunction.

I would go further and take this case now to resolve definitively the question whether a district court may issue a universal injunction of relief. And then Justice Jackson wrote separately to say she would not grant the stay. She thought the government had not done enough to show the need to step in and vacate the Eastern District of Texas injunction.

So you would think at this point the justices would be aware that the political valence changes every four to eight to 12 years. So they would be capable of deciding the cases behind the veil of ignorance, having lived through it multiple times. Somehow that doesn't always seem to happen. So maybe this is the time. I don't know.

So you would think at this point the justices would be aware that the political valence changes every four to eight to 12 years. So they would be capable of deciding the cases behind the veil of ignorance, having lived through it multiple times. Somehow that doesn't always seem to happen. So maybe this is the time. I don't know.

My prediction is that they just don't actually have five justices who are willing to say they don't believe in universal injunctive relief. That they have three or maybe four who think that. And then they have three or so who think – Never say never.

My prediction is that they just don't actually have five justices who are willing to say they don't believe in universal injunctive relief. That they have three or maybe four who think that. And then they have three or so who think – Never say never.

Like we don't – maybe there will be an opinion that says they're presumptively disfavored or they're disfavored unless something, but they don't know what to say in the unless clause.

Like we don't – maybe there will be an opinion that says they're presumptively disfavored or they're disfavored unless something, but they don't know what to say in the unless clause.

Yeah, or – now maybe the problem is they also don't want to commit to saying they are available. The possibility that they're not available, the fact they have this specter of illegitimacy over them, maybe that actually helps focus the mind of the district courts a little bit. But I could be wrong.

Yeah, or – now maybe the problem is they also don't want to commit to saying they are available. The possibility that they're not available, the fact they have this specter of illegitimacy over them, maybe that actually helps focus the mind of the district courts a little bit. But I could be wrong.