Trump v. CASA and the future of the universal injunction
This is part of SCOTUSblog’s term in review series, in which scholars analyze some of the most significant cases of the 2024-25 Supreme Court term.
The best that can be said for Trump v. CASA is that it could have been far worse. Its methodology and conclusions are myopic and wrong, and it is especially unwelcome during a period in which each passing day seems to bring new incursions by the executive branch upon individual rights, the separation of powers, federalism, and the rule of law. The court held that federal courts may not give universal injunctions, which are orders that block the application of a law or an executive branch action to anyone who might be harmed by it, not just its application to the plaintiffs. But despite the court’s seemingly categorical rejection of the universal injunction, the ironic possibility exists that the decision will turn out to be, as Justice Samuel Alito put it, essentially “academic.”
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