Does a plaintiff have an equitable cause of action to enjoin an action under the APA?
MultiRegion, United States of America
The following excerpt is from State v. Trump, 963 F.3d 926 (9th Cir. 2020):
the separation of powers. Under Dalton v. Specter , 511 U.S. 462, 114 S.Ct. 1719, 128 L.Ed.2d 497 (1994), this theorydespite its constitutional garbis properly classified as "a statutory one," id . at 474, 114 S.Ct. 1719. It therefore does not fall within the scope of the asserted non-APA equitable cause of action to enjoin unconstitutional conduct.17
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