[20180502]LSB10124_旅行禁令案和全国禁令.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i The Travel Ban Case and Nationwide Injunctions May 2, 2018 On Wednesday, April 25, 2018, the Supreme Court heard oral argument in the “travel ban” case, Trump v. Hawaii. While the case presents many significant issues, one that has received relatively less attention, but extends beyond the immigration context, is the cert petitions third question: “Whether the global injunction issued by the lower court is impermissibly overbroad.” This question centers on the propriety of the “nationwide injunction,” (alternatively known as the “national” or “universal” injunction), which is an issue of rising importance throughout the law. This Sidebar addresses when, if ever, a regional federal trial judge adjudicating a case involving the federal government can award nationwide injunctive reliefa court order that commands a party to take or refrain from taking some action throughout the country. In the context of a suit against the federal government, an injunction with this type of “universal” effect acts to effectively void the law or policy in question. When a plaintiff brings a facial challenge to a fe