In the weeks since, Trump’s challengers have seized on the ruling’s openings – especially the use of class-action suits in which a handful of plaintiffs may allege harm and seek relief on behalf of all similarly situated parties – to continue leveraging lower court judges to block the president’s orders. Judges determine whether to certify a class by looking to four factors under federal Rule 23: Among other things, plaintiffs must demonstrate the need to bring such a suit on behalf of a group; that their arguments are representative of those in the group; and that they will faithfully represent the unnamed parties comprising the group. University of Chicago Law Professor Samuel Bray, a prominent critic of universal injunctions, cited widely by the Supreme Court’s CASA majority, told RCI that “The existing class action standards can be difficult when bringing a class action for damages, but they are easy to meet when the suit is challenging a government action or policy that applies to the whole class in the same way.”
Author: RealClearWire
Published at: 2025-08-02 19:36:35
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