Overview

• The Supreme Court’s June 26 decision confined equitable relief to plaintiffs named in a case or members of a certified class.
• In his concurring opinion Justice Alito cautioned that courts must resist certifying overly broad class actions that would replicate universal injunctions.
• Alito also warned that third-party standing in state-led lawsuits could be used to secure de facto nationwide or statewide injunctions.
• In Washington D.C. Judge Moss ruled this week that President Trump’s asylum proclamation violated the Administrative Procedure Act and approved it as a nationwide class action covering all potential asylees.
• The administration appealed Moss’s ruling and Attorney General Pam Bondi accused the judge of seeking to bypass the Supreme Court’s new limits on sweeping judicial relief.