[Opinion] The Perils of Using Class Actions as a Replacement for Universal Injunctions

The perils of using class actions as a replacement for universal injunctions

AV Ristorante is a recurring series by Brian Fitzpatrick. Please note that the views of outside contributors do not reflect the official opinions of SCOTUSblog or its staff. In Trump v. CASA, the birthright citizenship case, the Supreme Court held that so-called “nationwide” or “universal” injunctions are usually unlawful because they exceed the powers granted to courts by Congress. Universal injunctions are court orders that tell defendants the…

The Supreme Court Killed Universal Injunctions in Name Only

While the Court’s 6-3 opinion appeared to disarm Trump’s opponents of perhaps their most potent legal weapon, his adversaries had other ideas.