West Virginia, Amicus Curiae
The following is excerpted from the Amicus Curiae Brief for Applicants as submitted to the U.S. Supreme Court on April 29, 2025. The last few decades have seen a sharp rise in the use of nationwide injunctions to hit the brakes on executive policy. Indeed, federal district court judges now hold one of the most consequential levers of power: the ability to stall a policy’s implementation until litigation, often lasting years, winds its way through the courts. This condition cannot continue. For several reasons, the court should grant the government’s applications. First, federal courts must look to history to define…
