(L-R) Jesse Panuccio, partner with Boies Schiller Flexner; Loren AliKhan, solicitor general for the District of Columbia; professor Samuel L. Bray of Notre Dame Law School; professor Mila Sohoni, of the University of San Diego School of Law; and professor Nicholas Bagley, of the University of Michigan Law School, testify before the Senate Judiciary Committee about national injunctions Tuesday. Photo: Diego M. Radzinschi/ALM
Witnesses testifying at a Senate hearing on universal injunctions Tuesday suggested the U.S. Supreme Court is the best forum for addressing the use of the national orders, after two conservative justices recently called for their court to review the legal tool.
Justice Neil Gorsuch, in an opinion joined by Justice Clarence Thomas, recently described the current trend of injunctions as creating “chaos,” and called for the court to review the national orders “at the appropriate juncture.” Thomas previously spoken out against universal injunctions in the Supreme Court’s ruling upholding a travel ban from visitors from several majority-Muslim countries.
