David Marcus has a terrific essay explaining why class certification in the birthright citizenship cases is an easy yes under existing law: The Class Action after Trump v.
It does seem like the desired remedy should be declaratory rather than an injunction. Otherwise, some other executive order or statute that affects non-citizens would apply to the winning plaintiffs, and they'd have to sue again for an injunction against every such law. Far better to ask the court to declare them citizens.
For immediate relief, they do need a TRO or a preliminary injunction, but if they win on the preliminary injunction they shouldn't stop there.
If the PI is appealed, can the plaintiffs ask the appellate court for a declaratory judgement on the merits?
It does seem like the desired remedy should be declaratory rather than an injunction. Otherwise, some other executive order or statute that affects non-citizens would apply to the winning plaintiffs, and they'd have to sue again for an injunction against every such law. Far better to ask the court to declare them citizens.
For immediate relief, they do need a TRO or a preliminary injunction, but if they win on the preliminary injunction they shouldn't stop there.
If the PI is appealed, can the plaintiffs ask the appellate court for a declaratory judgement on the merits?