, 3 tweets, 1 min read Read on Twitter
I think this is reaction to lower courts' issuance of nationwide injunctions, granting sweeping relief in non-class cases to 3rd-party non-litigants who aren't before the lower court, who may be outside those courts' PJ & whose claims may be subject to other circuits' precedents
Courts lack Art III power to grant relief in non-class cases that's broader than necessary to enforce rights of the plaintiffs before them, solely to protect the rights of 3rd-party non-litigants--whose rights the plaintiffs lack Art III standing to assert papers.ssrn.com/sol3/papers.cf…
Nationwide injunctions exceed the usual bounds of even the law declaration model of federal courts, allow district courts to exceed limits on their power within hierarchical and decentralied judicial system, and take notion of "striking down" a federal law inaccurately literally
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