Alan Raul in Just Security

Board Member Alan Charles Raul, alongside Harold Koh and Fred Halbuber, published an opinion piece in Just Security discussing the implications of the Supreme Court’s recent ruling in Trump v. Casa, which limits nationwide or “universal” injunctions.

He highlights that the Administrative Procedure Act (APA) demands that a “reviewing court shall . . . hold unlawful and set aside agency action, findings, and conclusions . . . not in accordance with law.” and that the APA could provide a roadmap to challenging unconstitutional executive actions in light of this new judicial interpretation.

Raul writes:

In sum, adding and securing prayers for APA relief to set aside unconstitutional executive action can constitute a universal, well-grounded alternative to the kind of universal injunction whose issuance has now been gravely restricted by the Supreme Court’s unfortunate CASA decision.

Read the piece here.