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Notes -
Per what the majority seemed to strongly imply, class actions are the new method, though Alito wants the requirements to remain strict for class certification. The somewhat jarring thing for me (not a lawyer) is that class action suits are NOT constitutionally mandated or enforced. It’s national law set by Congress authorizing them. So it was a little strange to me to see the SC “take away” the universal injunction ability from district courts on constitutional-ish grounds (really just a bit of semi tortured originalism plus some practical consideration) in favor of something decidedly extra-constitutionally grounded. For all the too-casual tone criticisms of Jackson’s dissent, she’s not really wrong in the narrow sense that this gives the administration permission to routinely ignore rulings against it in all non-party districts even if the action is blatantly illegal. Seemingly the majority is fine with this, and feels the delay created by class creation and certification and the actual arguing of the issue and the ruling (remember all this wrangling is over what to do in the time period before a case actually gets argued in full even at the district level) won’t be too excessive. That’s… honestly a little questionable. Kavanaugh wrote that he hopes the court will fill the gap somewhat by being more willing to take actual action, and action sooner, but it’s unclear if his fellow justices are actually on board with that. I think this is an error and they probably should have been okay with universal injunctions as long as they complied with some kind of fairly strict test.
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