Justice for All? Understanding Nationwide Injunctions

Last updated October 24, 2022

Author: Catherine Rowland, Legislative Affairs Director (catherine@progressivecaucuscenter.org)

Background

Through nationwide injunctions, a single judge deciding the outcome of one lawsuit can effectively enact policy changes that impact the entire U.S. population. As the Congressional Research Service (CRS) explains, a nationwide injunction “prevents the government from implementing a challenged law, regulation, or other policy with respect to all persons and entities, whether or not such persons or entities are parties participating in the litigation.” Examples include Judge Kathryn Kimball Mizelle’s decision to block the Centers for Disease Control and Prevention’s (CDC) mask requirement on public transportation and Judge James Robart’s decision to block President Donald Trump’s first Muslim ban. 

Nationwide injunctions have become more frequent in recent years—and, in some cases, can offer critical protections to people that government policies may harm. This explainer will discuss the nature of nationwide injunctions, recent examples, and their potential implications for American democracy.