Reiter Examines Universal Injunctions and APA Remedies in Washington University Law Review

02.23.2026

Stinson LLP Senior Counsel Harvey Reiter authored an article for the Washington University Law Review, "An Overlooked Footnote in Trump v. CASA Ensures That the Debate Over Universal Injunctions Isn't Over," analyzing the Supreme Court's recent decision and its implications for nationwide remedies under the Administrative Procedure Act (APA).

In the article, Reiter explores a significant but largely overlooked footnote in Trump v. CASA, where the Court noted that it was not resolving whether the APA authorizes federal courts to vacate agency action. While the Court suggested that universal injunctions likely exceed the equitable authority granted under the Judiciary Act of 1789, Reiter argues that the APA may provide broader remedial authority, including the power to stay or set aside agency actions with nationwide effect.

Reiter further examines the bipartisan concern over forum shopping in challenges to federal agency action. He explains that while both Republican and Democratic administrations have objected to nationwide injunctions issued by individual district courts, the underlying concern centers less on nationwide effect and more on inconsistent rulings and strategic venue selection.

To address those concerns, Reiter proposes targeted legislative reform. He suggests expanding the authority of the Judicial Panel on Multidistrict Litigation to allow random venue selection for APA cases filed in multiple district courts, similar to the existing framework for agency appeals filed in multiple circuit courts. According to Reiter, such reforms would reduce forum shopping while preserving judicial efficiency and political neutrality.

Read the article in the Washington University Law Review.