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AG Sessions issues litigation guidelines for opposing nationwide injunctions

  1. Original Date Announced

    September 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]

    DOJ Memorandum: Litigation Guidelines for Cases Presenting the Possibility of Nationwide Injunctions
  2. Effective Date

    September 13, 2018

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Hearings and Adjudications
Agencies Affected: AG DOJ

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