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1 1 (December 2, 2021)

handle is hein.crs/goveexh0001 and id is 1 raw text is: Congressional ______ *.Research Service inforng the qeislative debate since 1914___________________ Nationwide Injunctions: Recent Legal Developments December 2, 2021 On November 30, 2021, a federal district court in Louisiana entered an order that effectively suspended a federal vaccine mandate for health care workers. The order prevented the federal government from enforcing an Interim Final Rule of the Centers for Medicare & Medicaid Services (CMS) requiring many employees of Medicare- and Medicaid-certified providers and suppliers to be vaccinated against Coronavirus Disease 2019 (COVID-19). The court's order, which effectively bars enforcement of the CMS vaccine mandate with respect to all persons and entities, is an example of what some courts and commentators call a nationwide injunction. Sometimes also called national injunctions, universal injunctions, non-party injunctions, or even cosmic injunctions, nationwide injunctions have attracted significant attention from legal commentators and policymakers in recent years. Critics of nationwide injunctions object to court orders-sometimes by a single district court judge-that halt an entire federal policy. Defenders counter that such injunctions provide an appropriate check on the political branches. A recent CRS report provides in-depth analysis of the debate regarding nationwide injunctions. This Legal Sidebar provides a shorter introduction to nationwide injunctions, briefly discusses selected recent nationwide injunction cases, then closes with key considerations for Congress related to nationwide injunctions. What Is a Nationwide Injunction? Injunctions, including nationwide injunctions, are a form of equitable relief-a court-ordered remedy providing relief other than money damages-by which a court either requires an entity to take a certain action or forbids an entity from taking a certain action. The term nationwide injunction is not defined in any federal statute, court rule, or majority decision of the Supreme Court, but the term is used fairly consistently in federal court decisions and legal commentary. Courts and commentators generally use the term nationwide injunction to refer to an injunction against the government that prevents the government from implementing a challenged law, regulation, or other policy with respect to all persons and entities, even those not before the court in the litigation. Congressional Research Service https://crsreports.congress.gov LSB10664 CRS Legal Sidebar Prepared for Members and Committees of Congress

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