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AG Sessions issues litigation guidelines for opposing nationwide injunctions

  1. Date Announced

    Sept. 13, 2018

    AG Sessions issues a memorandum with guidelines for DOJ litigators on arguments opposing issuance of nationwide injunctions. The memorandum directs litigators to argue that nationwide injunctions: (1) exceed the constitutional limitations on judicial power, (2) deviate from long-standing historical exercise of equitable power, (3) impede reasoned discussion of legal issues among the lower courts, (4) undermine legal rules meant to ensure orderly resolution of disputed issues, (5) interfere with judgments proper to the other branches of government, and (6) undermine public confidence in the judiciary.

    [ID #178]

    View Policy Document
  2. Effective Date of Change

    Sept. 13, 2018
Status: Final/Actual
Type of Action: Agency Directive
Subject Matter: Hearings and Adjudications
Agencies Affected: AG DOJ

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