In the birthright citizenship case, the Supreme Court was in a hurry to abolish the universal injunction. It should have considered taking an off ramp for now instead.
The class action device as to money claims is highly imperfect, and has been the target of many reform efforts whose results have themselves been imperfect. Where the government is violating the law or the Constitution, it could be frustrating to see cases tied up in litigation over class certification, even though the latter is important in making sure rights get respected. Things might in principle work a little differently for class actions seeking injunctive rather than money relief, and against the government in particular. Several commentators have already observed that we don't know how courts will handle what is expected to be a tide of injunctive class action claims.
And the class-action avenue that was suggested instead? That is a neater approach, but how quick a remedy?
The class action device as to money claims is highly imperfect, and has been the target of many reform efforts whose results have themselves been imperfect. Where the government is violating the law or the Constitution, it could be frustrating to see cases tied up in litigation over class certification, even though the latter is important in making sure rights get respected. Things might in principle work a little differently for class actions seeking injunctive rather than money relief, and against the government in particular. Several commentators have already observed that we don't know how courts will handle what is expected to be a tide of injunctive class action claims.