In Rodgers v. Bryant, the 8th Circuit Court of Appeals upheld a statewide injunction of an anti-loitering statute. A notable dissent traced equitable jurisdiction from common-law England through to the current day, concluding that broad universal injunctions are only available in representative lawsuits like class actions and when relief for the plaintiff necessarily requires providing relief to others (as with public nuisances). Professor Samuel Bray, a leading scholar on remedies, described it as “the most detailed and learned decision yet on the history of equity and the scope of injunctions (on either side of this debate that has been running since 2016). The dissenting opinion should be required reading for anyone interested in national or universal injunctions." Anthony Sanders, Director of the Institute for Justice’s Center for Judicial Engagement, joins us to discuss the case, the decision, and its implications.
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-- Anthony Sanders, Director, Center for Judicial Engagement, Institute for Justice