Can a state court enjoin a federal officer?

Can a state court enjoin a federal officer?

On the one hand, state court power to punish federal officers for crime and to enter judgments at law against them is clear; on the other, the precedents uniformly hold that state courts may not determine the legality of the detention of persons in federal custody on a writ of habeas corpus, nor may they control …

Can state courts overrule federal courts?

Answer: No. It is a common misconception among pro se litigants that federal courts can revisit and perhaps overturn a decision of the state courts. Only if a federal issue was part of a state court decision can the federal court review a decision by the state court.

How can an injunction be filed against the federal government?

An injunction cannot therefore “be filed” by a party, it can only be ordered by a judge. To obtain injunctive relief, a party must generally prevail on the merits of its case by showing a legal duty imposed on a defendant that is not being satisfied and an injury to the plaintiff that can be repaired by the court issuing an injunction.

When was the power to issue an injunction created?

The injunction power itself is ancient: Congress created federal district courts and gave them the power to issue injunctions in the Judiciary Act of 1789. Until the mid-20 th century, however, courts generally would not “strike down” federal laws or regulations.

What happens if you get a nationwide injunction?

A nationwide injunction, however, forbids the government from enforcing the policy against anyone in the country, effectively taking the policy out of circulation.

How many District Court judges can issue nationwide injunctions?

There are 663 authorized Article 3 district court judgeships across the country. Any one of those judges can issue a nationwide injunction against a federal government action. According to the Justice Department, the Obama administration faced 20 nationwide injunctions over eight years.