Abstract
Since the early judicial beginnings in the English Courts of Chancery, the principles of equity have guided judicial remedies for centuries. Modern American courts inherited these principles through reception statutes passed by newly independent states, which adopted English common law, including the concept of equity as a means of providing narrowly tailored remedies to resolve specific injuries. This paper examines the historical foundations of equity and argues that nationwide injunctions, which extend beyond the immediate litigants to affect the general public, are inconsistent with these principles and, therefore, unconstitutional. A historical and doctrinal analysis of the English Court of Chancery, equity principles, and federal judiciary practices reveals that equitable relief has traditionally been limited to the parties involved rather than imposing broad remedies on the general public. The findings confirm that equitable relief is only legitimate when it conforms to the principles of equity, reinforcing the argument that nationwide injunctions exceed the constitutional limits of judicial authority.
Recommended Citation
Mohamed, Irfan
(2025)
"Chains of Equity: How Nationwide Injunctions Are Unconstitutional,"
Themis: Research Journal of Justice Studies and Forensic Science: Vol. 13
:
Iss.
1
, Article 2.
DOI: https://doi.org/10.55917/2324-6561.1138
https://scholarworks.sjsu.edu/themis/vol13/iss1/2