Justice Alito’s concerns over class actions hang over Trump legal battles
Justice Samuel Alito has raised concerns about a potential loophole in the Supreme Court’s decision to limit universal injunctions, and his warning is now looming over lawsuits involving President Donald Trump. In his concurring opinion in Trump v. CASA, Alito pointed out that class action lawsuits and suits brought by states could still result in judges issuing injunctions that essentially function the same way as a universal injunction.
Alito emphasized the need for federal courts to be vigilant against possible abuses of these legal tools. This warning comes as judges continue to issue broad rulings, and plaintiffs are adjusting their lawsuits to avoid running afoul of the new restriction set by the high court.
One significant ruling involved Judge Randolph Moss, who found Trump’s proclamation regarding an “invasion” at the border to be unlawful. This proclamation limited migrants from seeking asylum when entering the U.S., a measure the Trump administration argued was being exploited by border crossers.
Moss’s decision, made under the Administrative Procedure Act, effectively set aside the policy, similar to a nationwide injunction. The ruling applied to more than a dozen potential asylees and was also certified as a class action lawsuit covering all potential asylees nationwide. The Trump administration promptly appealed the decision, with Attorney General Pam Bondi criticizing Moss as a “rogue district court judge” attempting to circumvent the Supreme Court’s recent ruling on nationwide injunctions.
In his concurring opinion, Alito cautioned against class action lawsuits that do not strictly adhere to Rule 23, the guidelines for certifying a class. He stressed that the Supreme Court’s decision on universal injunctions would hold little value if district courts did not follow the rule. Alito also highlighted the potential for exploitation in cases where states seek statewide relief from a court.
Alito’s concerns extend to the possibility of Democrat-led states filing lawsuits challenging Trump’s policies and obtaining statewide injunctions, effectively exempting all residents from those policies. He warned that granting third parties broad standing in such cases required careful consideration to avoid undermining the Supreme Court’s decision.
If not properly scrutinized, the practice of states bringing third-party suits on behalf of residents could undermine the effectiveness of the Supreme Court’s ruling. Alito emphasized the importance of preventing the resurgence of universal injunctions disguised as statewide relief or nationwide class actions.
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