Holding Court is a series by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City.
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By Joe Latwin
There is much controversy over the propriety and wisdom of allowing a single federal district court judge to issue injunctions applying nationwide. An injunction is a court order requiring a person to do or refrain from doing a specific action.
Section 1 of Article Three of the Constitution vests the judicial power of the United States in “one supreme Court”, as well as “inferior courts” established by Congress. Section 1 authorizes the creation of inferior courts, but does not require it. Congress established 94 federal district courts including for every state plus four territories and the District of Columbia. Each state has between one and four district courts, and the District of Columbia and Puerto Rico each have one. There are 677 authorized district court judges plus several judges that have elected senior status. Every federal district court judge is appointed by the President subject to confirmation by the Senate for a lifetime appointment.
Section 2 of Article Three limits federal judicial power. It only extends to Cases or Controversy restricting the judiciary’s power to actual cases and controversies. It does not extend to cases which are hypothetical, or which are proscribed due to standing, mootness, or ripeness issues.
The rulings of a federal district court are only binding on the judge that makes the ruling, and do not extend to other district court judges. Rulings of the Federal Courts of Appeals are binding on federal courts within that federal Circuit. Rulings of the Supreme Court bind the entire judiciary.
Some object to the issuance of an injunction by, say a District Judge for the Northern District of California, controlling what happens in Delaware or Texas.
There are three types of injunctions: Permanent injunctions, Temporary restraining orders, and preliminary injunctions. The procedure is governed by Federal Rules of Civil Procedure Rule 65. Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature. TROs can be issued by a judge early in a lawsuit to stop the defendant from continuing his or her allegedly harmful actions until there can be a hearing on the merits. They are intended to maintain the status quo. TROs are often issued ex parte and without notice. Granting temporary injunctive relief is up to the discretion of the court. Preliminary injunctions usually are issued after the opposing party has had an opportunity to contest the application and after submission of opposition papers and/or a hearing. To obtain a preliminary injunction, a party must establish likelihood of success on the merits, likelihood it will suffer irreparable harm absent preliminary relief, and that the balance of equities tips in its favor. Likelihood of success requires a finding that the facts and applicable law favor the position of the applicant. Irreparable injury means that the harm foreseen cannot be compensated by money damages or the item in dispute is unique. The court then must balance the equities between the parties. All three elements must be satisfied to issue injunctive relief.
Since an injunction may have consequences of the party sought to be enjoined, Rule 65(c) the court to require the movant, as a condition of permits temporary relief, to give security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.
Permanent injunctions are issued as part of a final judgment.
Where do we go from here? Congress can limit the jurisdiction of the federal district courts to prevent them from issuing nationwide injunctions or limiting them to the State or district from where it is issued. Congress can also create an inferior court (perhaps a multi district panel of district judges) with the power to issue or promptly review nationwide injunctions. Congress can also stay the operation of any nationwide injunction pending an expedited stay to the federal circuit court.
