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Alito Warns of Injunction Loophole as Judge Moss Certifies Nationwide Asylum Ban Ruling

Alito’s concurrence calls for scrupulous Rule 23 compliance to avert nationwide relief by class or state suits

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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.