Chapter 5: Nationwide Injunctions: A Separation of Powers Analysis

Nationwide injunctions implicate grave separation of powers concerns, as unelected judges halt programs or policies that were put into place by popularly elected branches. Legal scholars have recently debated the legitimacy of these measures and have argued for several different reforms. While these works are important, this study examines nationwide injunctions from a broader perspective by exploring the separation of powers relationship with these measures from a longer historical timeframe, and through engaging in a descriptive analysis. Particular attention is afforded to the likely contributing factors of nationwide injunctions including judicial workload, partisanship, and forum shopping. It is found that each of these factors plays a role in the separation of powers relationship involving these measures.