Injunctive Relief: A Remedy Of Last Resort For Exec. Orders

Partner Steven Gordon examined the decision to illustrate the impact that the remedy of injunctive relief has on judicial review of executive orders. In August 2018, a divided panel of the Ninth Circuit in City and County of San Francisco v. Trump argued that President Donald Trump exceeded his constitutional authority by issuing an executive order penalizing "Sanctuary cities" that refuse to cooperate with federal immigration officials. The panel upheld the district court injunction prohibiting enforcement of the executive order with respect to the two plaintiff.

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