Re:US Supreme Court limits federal judges' power to block Tr...
by firesteelrain on Saturday June 28, 2025 @03:59AM
(#44402992)
It is fair to say that the system isn't perfect, but it's functioning the way it was designed
Class certification for the entire United States of those classes of people might be too large. Usually the courts prefer a more narrow class
some people will fall through the cracks in the meantime (and you may not like this answer), but that doesn’t automatically justify expanding judicial authority beyond what Article III or the separation of powers allows
The system without national injunctions is functioning as designed
Doesn't this just change most of these lawsuits into a class action where the class is say all the people born in the US of non-citizen parents, with the class represntative in the most friendly venue and then a district judge can accept the class and issue the injuction if they see fit?
Then the executive branch can presumably appeal the injuction and the class certification, and in the meantime, the injuction isn't valid for people who aren't in the class, but they probably aren't covered by the executive order either.
And I guess a handful of people immediately effected might file separately too, but if the class is certified (even if challenged) their case will probably be joined?