Earlier this week, a panel of the Sixth Circuit Court of Appeals decided Arizona v. Biden. The context of the case is immigration law: three states (Arizona, Montana, and Ohio) had sued to obtain an injunction blocking the Department of Homeland Security from implementing a memorandum about enforcement priorities. The district court issued a preliminary national injunction; the panel of the Sixth Circuit reversed.
The opinion of the court was delivered by Chief Judge Sutton and joined by Judges Moore and Cole. Chief Judge Sutton also wrote a separate concurrence for himself, and he returned to the question of the propriety of national injunctions and "universal" relief under the Administrative Procedure Act. It's on pages 23-28 here.
This is the second time in this case that Chief Judge Sutton has written a separate concurrence that highlights the legal infirmities of the national injunction (or "nationwide injunction," "universal injunction," etc.). In April, the same panel issued a stay of the district court's preliminary national injunction (Chief Judge Sutton's opinion concurring in the grant of the stay begins on page 18 here).
