Injunctive Relief: A Remedy Of Last Resort For Exec. Orders
By Steven Gordon ( September 26, 2018, 12:22 PM EDT) -- In August 2018, a divided panel of the Ninth Circuit ruled in City and County of San Francisco v. Trump that President Donald Trump exceeded his constitutional authority by issuing an executive order penalizing "sanctuary cities" that refuse to cooperate with federal immigration officials.[1] The panel majority upheld a district court injunction prohibiting enforcement of the executive order with respect to the two plaintiffs in the case, San Francisco and Santa Clara County, but remanded the case for additional fact-finding on whether a nationwide injunction was appropriate. The dissent opined that the case was not ripe for decision and should have been dismissed. Further, it disputed the majority's conclusion that the executive order was unconstitutional on its face....
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