Bray on conflicting universal injunctions

One of the problems with universal injunctions is the risk of conflicting universal injunctions–Ct I enjoins government to do X universally, while Ct II enjoins government to refrain from doing X, universally. This almost happened with DAPA–after affirmance of the Fifth Circuit injunction prohibiting enforcement of DAPA, lawsuits were filed in federal courts in Illinois and New York, seeking declarations that the Fifth Circuit injunction did not affect enforcement of DAPA in states that were not party to Texas; those cases were dismissed before courts reached that point. The situation may arise again over DACA rescission–judges in the Northern District…

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