Question
Universal Injunctions
The question is: To what extent have the courts been successful in developing clear, coherent and consistent guidance for judges hearing applications for interim injunctions? In your answer, you should refer to the views of judges and academic commentators. No need for introduction or conclsuion a paragraph on the positve of the question a paragraph on how it has not been as sucessfull references to judges and their opinions are positives or negative you can add more references, i need 1100 words excluding the biblipgraphy
Expert Solution
The
court has been successful in issuing universal injunctions that protect the
interests of marginalized groups; however, in some cases, judges have used
these injunctions to promote the interests of a few. For example, in the case
of Ryan Karnoski, the court was right in its decision to issue a universal
injunction preventing Trump's administration from enforcing the ban on
transgender people serving in the military. This ban was discriminatory against
the LGBTQ community, and as such, a universal injunction served to protect the
rights of this group (Pugh et al., 2021). However, the supreme court ruling
that barred Obama’s immigration policy served to protect white supremacists’
ideals that support the continued oppression of undocumented workers (Liptak
and Shear, 2016). As a result, many scholars criticized the decision, and the
Obama administration was disappointed that over 5 million undocumented workers
in America would have to live in fear of deportation continually. In addition,
the case reminded many of the reluctance of Republicans to consider Judge
Merrick B. Garland from being appointed to sit on the bench after the death of
Antonin Scalia. Therefore, courts still have a long way to go in developing
consistent guidance for judges to issue injunctions.
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