Publication Date
2026
Publication Title
Public Law & Legal Theory
Abstract
In Trump v. CASA, the Supreme Court decisively rejected universal injunctions and offered a major decision about the law of equity. This Article grapples with a central question raised by CASA: if equity is not static, then what counts as legitimate innovation? This Article argues (1) that equity, in order to perform its functions, must have the capacity to innovate; (2) that any innovation should be in keeping with those functions and with equity’s own principles; and (3) that the primary stewards of the law of equity are the courts, not Congress. The vulnerabilities of Grupo Mexicano on these points are largely mitigated by CASA.
Number
26-02
Recommended Citation
Bray, Samuel L., "How Equity Changes" (2026). Public Law and Legal Theory Working Papers. 26-02.
https://chicagounbound.uchicago.edu/public_law_and_legal_theory/976
