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Sens. Invite Justices To Rule On National Injunctions

Sens. Invite Justices To Rule On National Injunctions

LAW 360

A leading defender of nationwide injunctions pushed back on questions about their legal basis. University of San Diego law professor Mila Sohoni said they're authorized by the Constitution's grant of judicial power and encouraged by the Administrative Procedure Act of 1946. Section 706 of that law says that courts shall "set aside" agency actions that are unconstitutional, arbitrary, capricious or otherwise illegal.

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