Why am I late to talk about the huge win at SCOTUS for Trump on nationwide injunctions On June 27, 2025? Because I saw the same thing that Justice Alito saw that may happen to make the decision a moot point.
I'm hoping not, but it just means that the circus will continue, Justice Alito pointed out the most logical loophole the Democrats will spitball at next, so I decided to wait a week to see.
And yes, it sure didn't take long. I wonder if Alito hadn't pointed it out if the Democrats would have picked up on it . . . . Let's get to it, this is pretty heavy reading, for some.
Oh and Justice Jackson's dissenting opinion was, like, way dude. Completely lacking decorum, she's talking like the ghetto she thinks she's trying to represent, when I bet she came from nowhere near any ghetto. In other words, she's all for the theater and not for the court. She really needs to be removed.
The whole text of the opinion is linked at the bottom.
Alito's warning in his concurring opinion:
"Second, today’s decision will have very little value if district courts award relief to broadly defined classes without following “Rule 23’s procedural protections” for class certification. Ante, at 14. The class action is a powerful tool, and we have accordingly held that class “certification is proper only if the trial court is satisfied, after a rigorous analysis, that the prerequisites of Rule 23(a) have been satisfied.” Wal-Mart Stores, Inc. v. Dukes, 564 U. S. 338, 350–351 (2011)"
This is how fast Alito's warning was used:
- A new Idaho law prohibits immigrants in the US unlawfully from receiving public benefits for non-emergency care like HIV treatment.
- An Idaho doctor and four unnamed HIV patients who are immigrants sued over this law, claiming it contradicts federal law and puts lives at risk.
- The lawsuit seeks class-action status and a ruling that the law is unconstitutionally vague about verifying immigration status.
Idaho doctor, patients sue over new law halting public benefits to immigrants in US unlawfully
"Alito's warning comes as judges continue to hand down sweeping rulings and as plaintiffs begin filing lawsuits tailored to avoid running into the new roadblock established by the high court. In one major ruling, Judge Randolph Moss, an Obama appointee based in Washington, D.C., found this week that Trump's proclamation declaring an "invasion" at the border was unlawful.
"Moss "set aside" that policy under the Administrative Procedure Act, which had an effect similar to that of a nationwide injunction. More than a dozen potential asylees brought the lawsuit, and Moss also agreed to certify the case as a class action lawsuit that applied to all potential asylees in the country."
Justice Alito's warning about nationwide injunction 'loophole' looms over Trump cases
https://x.com/TheStormRedux/status/1938745217764516116?t=QozImiwpSQdJaOa8xxROCQ&s=19
Justice Barrett in her Opinion of the Court on the subject of the Justice who need to be removed:
"The principal dissent focuses on conventional legal terrain, like the Judiciary Act of 1789 and our cases on equity. JUSTICE JACKSON, however, chooses a startling line of attack that is tethered neither to these sources nor, frankly, to any doctrine whatsoever. Waving away attention to the limits on judicial power as a “mind-numbingly technical query,” post, at 3 (dissenting opinion), she offers a vision of the judicial role that would make even the most ardent defender of judicial supremacy blush. In her telling, the fundamental role of courts is to “order everyone (including the Executive) to follow the law—full stop.
"JUSTICE JACKSON appears to believe that the reasoning behind any court order demands “universal adherence,” at least where the Executive is concerned.
"We will not dwell on JUSTICE JACKSON’s argument, which is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself. We observe only this: JUSTICE JACKSON decries an imperial Executive while embracing an imperial Judiciary."
TRUMP, PRESIDENT OF THE UNITED STATES, ET AL. v. CASA, INC., ET AL
