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Are Judges Too Powerful? The Rise of Universal Injunctions, with Samuel Bray
Episode 190

Are Judges Too Powerful? The Rise of Universal Injunctions, with Samuel Bray

In recent years, a judge in one state had gained the power to halt policies across the entire United States. Known as nationwide or universal injunctions, these actions have become one of the sweeping tools in the federal court—affecting cases ranging from student loan forgiveness to environmental policies to birthright citizenship. How did universal injunctions become such a central feature of modern constitutional battles? And should one judge really be able to block a policy for the entire country? In this episode, UChicago legal scholar Samuel Bray explains the history and legal debate behind such actions, including his research which was cited more than a dozen times in the 2025 Supreme Court case Trump v. Casa, which examined how courts use this remedy—and whether injunctions fit within the Constitution’s design.

Big Brains

March 19, 202640m 8s

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Show Notes

In recent years, a judge in one state had gained the power to halt policies across the entire United States. Known as nationwide or universal injunctions, these actions have become one of the sweeping tools in the federal court—affecting cases ranging from student loan forgiveness to environmental policies to birthright citizenship.

How did universal injunctions become such a central feature of modern constitutional battles? And should one judge really be able to block a policy for the entire country? In this episode, UChicago legal scholar Samuel Bray explains the history and legal debate behind such actions, including his research which was cited more than a dozen times in the 2025 Supreme Court case Trump v. Casa, which examined how courts use this remedy—and whether injunctions fit within the Constitution’s design.


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Topics

samuel braysam braysupreme courtfederal courtsfederal judgeuniversal injunctionsnationwide injunctionsjudiciaryjudge shopping