Insights

On June 27, in Trump v. Casa, the Supreme Court held that federal courts lack equitable authority to issue “nationwide”—or, using the Court’s preferred parlance, “universal”—injunctions. Writing for the 6-3 majority, Justice Barrett explained that whether Congress vested the judiciary with such power depends on the existence of a founding-era antecedent to the practice of universal injunctions. Finding none, the Court held that universal injunctions fall outside a federal court’s equitable authority.