Initial Thoughts on Trump v. CASA, Inc.

Huge decision this morning in Trump v. CASA, Inc. There are so many interesting angles to this—not just the knockout to the universal injunction, but also the majority’s vindication of the dispute-resolution model for the federal courts. An absolutely outstanding majority opinion by Justice Barrett.

Here is a brief statement on the case:

In today’s decision in Trump v. CASA, Inc., the Supreme Court has fundamentally reset the relationship between the federal courts and the executive branch. Since the Obama administration, almost every major presidential initiative has been frozen by federal district courts issuing “universal injunctions”—injunctions that control how the government acts toward everyone, not just toward the parties to the case. After today, the universal injunction will no longer be the default remedy in challenges to executive action.

In a powerful and persuasive majority opinion by Justice Amy Coney Barrett, the Supreme Court reasserted the importance of federal courts acting like courts—deciding cases for the parties, and giving remedies to the parties.

The Court left many questions to be answered in future cases. And the Court did not address the merits of birthright citizenship. But the one question it answered—whether federal courts have equitable authority to give universal injunctions—was answered clearly, decisively, and comprehensively. The answer is no.

What is likely to happen next will be litigation on two fronts.

First, the states have arguments that they need broad injunctions, given the harms they will suffer from uncertainty caused by the President’s purported revocation of birthright citizenship. The Court did not decide today what the scope of relief should be for the states, and it remanded for that question to be considered by the lower courts.

Second, there will likely be a surge of new class actions against the enforcement of the executive order. Because the Supreme Court expressly said the Executive Order would not take effect for 30 days, that allows class actions to be filed and class-protective preliminary injunctions to be granted throughout the country. Given that the birthright-citizenship executive order is unconstitutional, I expect courts will grant those preliminary injunctions, and they will be affirmed on appeal. I do not expect the President’s executive order on birthright citizenship will ever go into effect.

Today’s decision is a vindication and reassertion of the proper role of the federal courts in our constitutional system.

Bray Statement On Trump V Casa

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