The Civic Lexicon

Glossary on the Republic

Injunction

Courts

It is a court order to stop. One judge can freeze a policy, a project, or a person in their tracks, sometimes for the entire country, with a single ruling.


An injunction is a court order requiring someone to do, or more often to stop doing, a particular thing. Unlike money damages, which compensate for harm already done, an injunction is forward-looking: it prevents harm before it happens or stops it as it occurs.

Courts grant injunctions when money cannot fix the problem. If a factory is about to bulldoze a forest, or a government is about to enforce a law that violates rights, no later payment can undo the damage, so a court can simply order it stopped.

They come in degrees. A temporary restraining order freezes things briefly in an emergency; a preliminary injunction holds the line while a case proceeds; a permanent injunction is the final order after a case is decided.

In recent decades a powerful and controversial form has emerged: the nationwide injunction, in which a single federal judge blocks a government policy not just for the parties in the case but for the entire country, a practice that has become a major flashpoint in American law.

Origin

A court order requiring someone to do or stop doing something; forward-looking, unlike money damages.

Why it matters

The injunction is the law's emergency brake, the power of a court not just to judge the past but to control the future. It is how a single judge can halt a powerful actor in mid-stride, which makes it one of the most potent, and most debated, tools in the entire legal system.

Quorum Reading Room. Sourced from public reference and historical record; see notes.