Overview

• On July 26, Judge Leo Sorokin reaffirmed his nationwide injunction, ruling that any narrower order would not prevent irreparable harm to states’ health and administrative programs
• A 2-1 decision by the Ninth Circuit earlier this month upheld a universal injunction, declaring the executive order unconstitutional and necessary to provide states complete relief
• U.S. District Judge Joseph LaPlante certified a nationwide class in New Hampshire to block the policy under Federal Rule 23 following guidance in the Supreme Court’s June ruling
• The Supreme Court’s June decision limited broad injunctions but allowed nationwide relief when required for full redress, leaving the constitutional merits of the order for a future hearing
• While the policy remains frozen, the Justice Department is drafting public guidance on enforcement and evaluating appeals of the successive injunctions