Touro University, Jacob D. Fuchsberg Law Center professor Rodger Citron discusses the Supreme Court’s 6-3 decision in Trump v. CASA, Inc., in which the Court limited federal district courts’ authority to issue universal injunctions that block enforcement of executive orders nationwide. Professor Citron describes the various opinions written by the justices and argues that the Court’s formalist approach, which restricts courts’ ability to check illegal executive actions while creating a two-track system where only active litigants receive constitutional protections, represents a dangerous refusal to consider the real-world consequences during a period of unprecedented assertions of executive power.

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone analyze last week’s Supreme Court oral arguments on President Trump’s birthright citizenship executive order, focusing not just on the order’s constitutionality but also on the procedural question of whether “universal” injunctions or nationwide class actions are the better tool for challenging federal policies. Professors Amar and Mazzone contend that class actions offer a fairer and more practical alternative, providing enforceable relief, reducing strategic litigation abuse, and avoiding the legal uncertainties that surround non-party protection under universal injunctions.