How can a judge in Texas shutdown everything nationwide?

A district court judge in Texas only has power in his state. How can he shut down DAPA / DACA without jurisdiction over the whole country even if he says so? Why wouldn't the administration just implement it everywhere but in Texas? Why is the administration such a bunch of frady cats? This is first year law school stuff.


David Leopold's picture

That's a very good question, and even legal scholars have different views. However, the prevailing view is that the judge has the authority to declare the rights of the parties in cases under his jurisdiction. So, until it's set aside or modified, Judge Hanen's stay has a nationwide affect. However, the legal authority upon which DACA expansion and DAPA are based is solid. Legal scholars are confident that it will be reversed on appeal.

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Answered 1 year 9 months ago