Nationwide Injunctions: Unlawful and Unwise

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heritage.org

Paul J. Larkin
House Committee on the Judiciary
Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet and
Subcommittee on the Constitution and Limited Government
Hearing on Nationwide Injunctions

April 1, 2025

Written Statement of
Paul J. Larkin
John, Barbara & Victoria Rumpel Senior Legal Research Fellow,
The Heritage Foundation

Mr. Chairman, Mr. Ranking Member, and members of the committee:

My name is Paul J. Larkin. I am the John, Barbara, and Victoria Rumpel Senior Legal Research Fellow at The Heritage Foundation. Thank you for the opportunity to submit this testimony on the legitimacy and wisdom of so-called “nationwide injunctions”: viz., orders that award relief, not only to the parties in a lawsuit, but also to strangers to the litigation.REF The practice of entering such injunctions in cases not certified as class actions has bedeviled each of the five presidential administrations in this century.REF That practice also is mistaken as a matter of law and unwise as a matter of policy.REF

I. Nationwide Injunctions Are Mistaken as a Matter of Law

Most of the Constitution’s text addresses the creation, selection, empowerment, and regulation of the Article I and II branches. Those provisions grant exclusive lawmaking authority to politically elected officials: members of Congress and the President. Articles I and II create the House of Representatives, the Senate, and the President; they identify and limit who may hold such offices; and they define the powers that each one may exercise, with the most important one being the creation and implementation of the “Law” of the United States.

Article I vests “[a]ll legislative Powers herein granted” in Congress, which textually distinguishes what Congress can produce from the type of orders or judgments that courts may enter, and Article II vests in the President the “executive Power,” which includes the responsibility to “take Care that the Laws be faithfully executed.” The Framers spent far less time at the Convention of 1787 on the Article III branch,  » Read More
https://www.heritage.org/courts/report/nationwide-injunctions-unlawful-and-unwise

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Privacy Policy

Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the internet’s vast array of information, tools, and opportunities with complete confidence.

Introduction

Our company collects information in different ways from Visitors and Subscribers who access the various parts of our Services and the network of web sites accessible through our Service.

We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how our company collects information from all end users of our Internet Services (the “Services”) – those who access some of our Services but do not have accounts (“Visitors”) as well as those who may purchase Products and/or pay a monthly service fee to subscribe to the Service (“Subscribers”) – what we do with the information we collect, and the choices Visitors and Subscribers have concerning the collection and use of such information. We request that you read this Privacy Policy carefully.

Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.

Registration

Subscribers may be asked to provide certain personal information when they sign up for our Products or Services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Subscribers during the registration process is used to manage each Subscriber’s account (such as for billing purposes). This information may be shared with third parties, as stated herein, or in special circumstances.

However, in instances where our company and a partner jointly promote our Services, we may provide the partner certain personal information, such as the name, address, and username of persons who subscribed do the Services as a result of the joint promotion for the purpose of offering you other products and services.

In this instance, personal information may not be used by the partner for any other purpose. We may also generate non-identifying and aggregate profiles from personal information Subscribers provide during registration (such as the total number, but not the names, of Subscribers). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services.

Also, with purchases, we supply our member’s contact information, to our business partners, who then may contact the member by telephone after the member purchase. Sales proceeds are collected by the business partner company. We also may supply other companies with contact information, for mail offers we believe would be of interest to our Subscribers, with or without compensation from those companies. At times we may send and advertisement for a third party product, where we collect the sales proceeds, and forward the purchaser’s information to that third party.

Our Company Partners and Sponsors

Some products and services may be offered to Visitors and Subscribers in conjunction with an affiliate, independent contractor seller or non-affiliated partner. To provide Visitors and Members some of these products and services, the partner may need to collect and maintain personal information.

Online Shopping

At some web sites, you can purchase products and services or register to receive materials, such as a newsletter, catalog or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information.

If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient’s name, address, and phone number. Our company has no control over the third parties’ use of any personal information you provide when placing such an order. Please exercise care when doing so.

If you order services or products directly from our company, we use the personal information you provide to process that order. We do share this information with outside parties that we do business with.

Online Advertisements

Our company may display our online advertisements. In those cases we share information about our Visitors and Subscribers collected through the registration process as well as through online surveys and promotions with these advertisers.

Additionally, in some instances, we use this information to deliver tailored advertisements or joint ventures. For instance, an advertiser or joint venture company tells us the audience they want to reach and provides us an advertisement tailored to the audience. Based upon the information we have collected, we may then display or send the advertisement to the intended audience. Our company does share personal information about its Visitors or Subscribers with these advertisers or joint venture companies.

Responses to Email Inquiries

When Visitors or Subscribers send email inquiries to our company, the return email address is used to answer the email inquiry we receive.

Voluntary Customer Surveys

We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of products and services we offer and how we provide them to you.

We may take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other customers we may have, to create broader, generic response to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties.

Promotions

Our company may offer polls, contests, sweepstakes, drawings, games, content, or other promotions that are sponsored by or co-branded with third parties. You may be entered in a sweepstakes, contest, or other promotion, simply by making a purchase from us or by providing us with personally identifiable information for some other reason or purpose. Due to these third party relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to our company. Our company has no control over third parties’ use of this information.

Additionally, personally identifiable information may be collected when you order products, enter contests, vote in polls or otherwise express an opinion, subscribe to one of our Services such as our online newsletters, or participate in one of our online forums or communities. The types of personally identifiable information that may be collected at these pages include but may not be limited to: name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services. Our sponsors or third parties may send you material that relates to our company’s services, products or activities.

Special Cases

It is our company’s policy to use or share the personal information about Visitors or Subscribers in ways described herein without additional notice or means to opt out or otherwise prohibit such unrelated uses.

Also, we may disclose personal information about Visitors or Subscribers, or information regarding your use of the Services or web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: credit agencies, collection agencies, merchant database agencies, law enforcement, or to satisfy laws, such as the Electronic Communications Privacy Act, the Child Online Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Terms of Use and Service, or other user policies; to operate the Services properly; or to protect our company and our Subscribers.

Browser Level Information

TheFoliPrime, Inc. web servers may automatically collect information about a site user’s IP address, browser type and the URL that you just came from (whether this URL is on the website or not) and which URL you next go to (whether this URL is on the website or not) by reading this information from the user’s browser (information provided by every user’s browser). This information is collected in a database and used – in an aggregated, anonymous manner – in our internal analysis of traffic patterns within our website. This information is automatically logged by most websites. The FoliPrime, Inc. may also use a third party to collect information, including through the use of web beacons.

Notice of Compliance to California Residents: Your California Privacy Rights Under the California Online Privacy Protection Act and the California Business and Professions Code

This privacy policy identifies the categories of personally identifiable information that our company collects through our web site or online service, about individual consumers who use or visit our company’s commercial web site or online service and the categories of third-party persons or entities with whom our company may share that personally identifiable information.

Our company does not maintain a process for an individual consumer who uses or visits our commercial web site or online service to review and request changes to any of his or her personally identifiable information that is collected through our web site or online service.

See the section below entitled “Revisions to this Policy” for a description of the process by which our company notifies consumers who use or visit our commercial web site or online service of material changes to our company’s privacy policy for this web site or online service.

The effective date of this privacy policy is listed at the end of this privacy policy under the heading, “Last updated.”

For the purposes of this policy and California compliance the following definitions apply:

Depending on the visitor’s activity, in our commercial web site or online service, the following “personally identifiable information” may be collected, in addition to information set forth in other sections of this document.

The term “personally identifiable information” means individually identifiable information about an individual consumer collected online by our company from an individual and maintained by our company in an accessible form, and may include any of the following:

  1. A first and last name.
  2. A home or other physical address, including street name and name of a city or town.
  3. An e-mail address.
  4. A telephone number.
  5. A social security number.
  6. Any other identifier that permits the physical or online contacting of a specific individual.
  7. Information concerning a user that the web site or online service collects online, from the user, and maintains in personally identifiable form, in combination with an identifier described within this privacy policy.

Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to contact@foliprime-product.com and please include the phrase “California Privacy Request” in the subject line, the domain name of the web site you are inquiring about, along with your name, address and email address. We will respond to you within thirty days of receiving such a request.

“Cookies” and How Our Company Uses Them

A “cookie” is a small data file that can be placed on your hard drive when you visit certain web sites. Our company may use cookies to collect, store, and sometimes track information for purposes stated herein as well as for statistical purposes to improve the products and services we provide and to manage our telecommunications networks.

Most website browsers automatically accept cookies, but you can usually change your browser settings to display a warning before accepting a cookie, or to refuse all cookies. However, if you choose to disable the receipt of cookies from our website, you may not be able to use certain features of the site. Visit www.aboutcookies.org to learn about how to delete and control cookies using the mail browser types.

Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

Our company may use Remarketing with Google Analytics, Adroll, and Facebook to advertise online.

Third-party vendors, including Google, may show our ads on sites across the Internet.

We, along with and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to our website.

We may also use data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender and interests) with Google Analytics, to create educational and marketing content geared toward the demographics and interests of our visitors.

You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Google’s Ads Settings at https://www.google.com/settings/ads. You can also use Google’s Google Analytics opt-out browser add-on at https://tools.google.com/dlpage/gaoptout/

Our Company Commitment to Children’s Privacy

Protecting children’s privacy is especially important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. Therefore we restrict our web site to persons eighteen years or older.

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT AND IS NOT MONITORED AS DOING SO.

Public Forums

Please remember that any information you may disclose in any Subscriber Directory, or other public areas of our web sites or the internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.

Our Company’s Commitment to Data Security

Services and websites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” form illegally obtaining this information.

In the Event of Sale or Bankruptcy

The ownership of The FoliPrime, Inc. may change at some point in the future. Should that occur, we want this site to be able to maintain a relationship with you. In the event of a sale, merger, public offering, bankruptcy, or other change in control of The FoliPrime, Inc. your information may be shared with the person or business that owns or controls this site. Opting out of receiving information from third parties will not affect our right to transfer your information to a new owner, but your choices will continue to be respected regarding fthe use of your information.

Where to Direct Questions about Our Privacy Policy

If you have any questions about this Privacy Policy or the practices described herein, you may contact us through the contact information provided on this web site.

Types Of Information We Collect

The following provides examples of the type of information that we collect from you and how we use that information.

Context
Types of Data
Primary Purpose for Collection and Use of Data
Account Registration
We collect your name and contact information when you create an account. We also collect information relating to the actions that you perform while logged into your account.
We use this information to provide account related functionalities to our users. Accounts can be used for easy checkout and to save your preferences and transaction history.
Client Information
We collect the name, and contact information, of our clients, affiliates, and their employees with whom we may interact.
We have an interest in contacting our clients and communicating with them concerning normal business administration such as projects, services, and billing.
Cookies and First Party Tracking
We use cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a web site is viewed. See our Cookie Section below for more information.
We use this information to ensure our website operates efficiently.
Cookies and Third Party Tracking
We participate in behavior-based advertising, this means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can provide advertising about products and services tailored to your interests on our website, or on other websites. See our Cookie Section below for more information.
Where required by law, we base the use of third party cookies upon consent.
Demographic Information
We may collect personal information, such as your age, location, and gender.
We use this information to comply with applicable laws.
Email Interconnectivity
If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases.
We use this information to understand how you interact with our communications to you.
Employment
If you apply for a job posting, or become an employee, we collect information necessary to process your application or to retain you as an employee. This may include, among other things, your Social Security Number. Providing this information is required for employment.
We use information about current employees to carry out our payment and benefits obligations. In some contexts, we are also required by law to collect information about our employees. We also use this information to have efficient staffing and work force operations.
Feedback/Support
If you provide us feedback or contact us for support we will collect your name and e-mail address, as well as any other content that you send to us, in order to reply.
We use this information in order to receive, and act upon, your feedback or issues.
Mailing List
When you sign up for one of our mailing lists we collect your email address or postal address.
We share information about our products and services with individuals that consent to receive such information. We also use this information to share information about our products or services.
Mobile Devices
We collect information from your mobile device such as unique identifying information broadcast from your device when visiting our website or when visiting one of our stores.
We use this information to identify unique visitors and understand how users interact with us on their mobile devices.
Order Placement
We collect your name, billing address, shipping address, e-mail address, phone number, and credit card number when you place an order.
We use your information to perform our contract to provide you with products or services.
Partner Promotion
We collect information that you provide as part of a co-branded promotion with another company.
We use this information to fulfil our promotions.
Surveys
When you participate in a survey we collect information that you provide through the survey. If the survey is provided by a third party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information.
We use this information to understand your opinions and collect information relevant to our organization.
Sweepstakes or Contests
When you participate in a sweepstakes or contest we collect information about you which includes contact information to notify you if you are selected.
We use this information to operate the sweepstakes. In some contexts we are also required by law to collect information about those that enter into our sweepstakes.
Website Interactions
We use technology to monitor how you interact with our website. This may include which links you click on, or information that you type into our online forms. This may also include information about your device or browser.
We use this information to understand how you interact with our website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud.
Web Logs
We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors.
We use this information to monitor our networks and the visitors to our websites. Among other things, it helps us understand which of our products or services is the most popular.

Revisions to This Policy

Our company reserves the right to revise, amend, or modify this policy, our Terms of Use and Service, and our other policies and agreements at any time and in any manner, by updating this posting. Your use of this site after such changes are implemented constitutes your acknowledgement and acceptance of there changes. Please consult this privacy statement prior to every use for any changes.

The owner of this website may receive compensation for recommendations made in reference ot the proucts or services on this website. This compensation may be in the form of money, services, or complimentary products and could exist without any action from a website visitor. Should you purchase a product or service that was recommnded by this website, it is understood that some form of compensation might be made to the website owner. For example, if you click on an affiliate link at this websaite and then make a purchase of the recommended product or service, the website owner may receive compensation.

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