In light of recent events, I am departing from my usual practice of posting only very recent papers.
Zayn Siddique (Yale University - Law School) has posted Nationwide Injunctions on SSRN. Here is the abstract:
Courts that have decided to issue an injunction must decide a number of subsidiary issues, including the geographic scope of the injunction. At the apex of that equitable authority is the decision to issue a nationwide injunction. Despite the regularity with which the possibility of a nationwide injunction arises, there appears to be no systematic treatment in the case law or academic literature of when courts do issue nationwide injunctions and when they should. This paper aims to rectify that gap by undertaking a comprehensive study of nationwide injunctions. It begins by describing the background principles that might inform the geographic scope of injunctions. It then catalogs the use of nationwide injunctions in cases between private parties. What emerges from this subset of cases is a concern with the principle of issuing an injunction that is no broader than necessary to afford complete relief to the plaintiffs. The paper then turns to cases between a private party and a government entity. While there is considerably greater variation in this subset, the paper argues that much of the divergence can be reconciled by refocusing the analysis on the "complete relief" principle.
Timely and recommended.