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Judge Samuel Alito raised concerns about “potentially significant loopholes” in the Supreme Court’s decision to curb a universal injunction, and now his warning falls in a lawsuit involving President Donald Trump.
Alito is Trump V. In his consent opinion in Casa, he said that the class actions and lawsuits filed by the state leave room for judges to communicate an injunction that works just as well as a universal injunction.
“Therefore, federal courts should be wary of such potential abuse of these tools,” Alito said.
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Assistant U.S. Supreme Court Judge Samuel Alito has published an official portrait on October 7, 2022 in the Eastern Conference Room of the Supreme Court building in Washington, DC. (Alex Wong/Getty Images)
Alito’s warning comes as judges continue to hand over drastic judgments and begin filing a coordinated case to avoid the plaintiff encountering new obstacles established by the High Court.
In one major ruling, Washington, D.C.-based Obama appointee Judge Randolph Moss discovered this week that Trump’s declaration of “aggression” at the border was illegal.
Trump’s declaration limits immigrants from claiming asylum when they travel to the United States.
US President Donald Trump will be on board a Marine in Washington, D.C. on July 1, 2025, speaking with reporters on South Lawn before leaving the White House. (Anna Money Maker/Getty Images)
Moss “put aside” its policy under the Management Procedure Act. This was similar to the effect of the nationwide injunction. More than 12 potential Asilies have filed lawsuits, and Moss has also agreed to prove the case as a class action lawsuit applicable to all potential Asilies in the country.
The Trump administration immediately appealed the ruling. Attorney General Pam Bondy said in a statement that Moss is a “Rogue District Court judge” and is “trying to avoid the Supreme Court’s recent ruling on a national injunction.”
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Bureau Attorney General Pam Bondy and the Department of Justice are suing Minnesota for allowing illegal immigrants to obtain free or reduced in-state tuition fees. (Tom Williams/CQ-Roll Call, Inc, Getty Images)
In a agreed opinion, Alito warned against class action cases that did not strictly adhere to Rule 23, which sets the standards for proof of class. He said the Supreme Court’s decision on a universal injunction is “very worthless” if the district court fails to comply with the rules.
“The district court should not consider today’s decision as an invitation to recognize classes across the country without carefully following the rigour of Rule 23,” Alito wrote. “Otherwise, the universal injunction will return from the grave under the guise of “national class relief.” And today’s decisions will be nothing more than academic interest. ”
Alito also said another area for exploitation could be a state seeking statewide relief from the courts.
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For example, the Democratic-led state has filed several lawsuits challenging Trump’s policies. A judge may grant a statewide injunction. This means that everyone living in the state will be exempt from the policy. Alito warned that in such cases it would require careful scrutiny that it would need to be given broad positions to third parties.
If judges are lax about these statewide cases, the state “has all incentives to bring third party cases on behalf of its residents and to obtain broader impartial relief than individual residents can procure in their cases,” Alito wrote. “Practice of third-party status in an unchecked, recursive state would undermine today’s decisions as a practical matter.”
Ashley Oliver is a reporter for Fox News Digital and Fox Business, covering the Department of Justice and legal affairs. Email story tips to Ashley.oliver@fox.com.
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