On Tuesday we will discuss the procedure of injunctive relief in all its pieces--scope of injunction, stays and injunctions pending appeal, emergency motions and the "shadow docket."
This cases arises from a challenge to Idaho's ban on transgender care for teens; the district court entered a preliminary injunction prohibiting enforc (the scope is unclear); the Ninth Circuit declined to stay the injunction (allowing enforcement of the law); SCOTUS stayed the injunction to the extent it protected beyond the plaintiffs, but left it in effect as to the two or three named plaintiffs. Justice Gorsuch (joined by Thomas and Alito) explains why universal injunctions are bad. Justice Kavanaugh (joined by Barrett) tries to explain when the Court should become involved; Justices Jackson (joined by Sotomayor and Kagan) dissents.
Have a look before Tuesday's class and certainly after Tuesday's class.
