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From Fox News: Justice Samuel Alito raised concerns about a “potentially significant loophole” in the Supreme Court’s decision to curb universal injunctions, and now his warning is hanging over lawsuits involving President Donald Trump.
Alito said in his concurring opinion in Trump v. CASA that class action lawsuits and lawsuits brought by states leave room for judges to hand down injunctions that, in practice, would function the same way a universal injunction does.
“Federal courts should thus be vigilant against such potential abuses of these tools,” Alito said.
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.
Judicial Network president Carrie Severino wrote last week, “The Court has shut the door on the abuse of universal injunctions. Today’s decision is a victory for our constitutional separation of powers. Justice Alito’s concurrence sounds the alarm that litigants have been attempting to abuse class actions and standing processes as well and shows that the Court is well aware of the problem and prepared to police those boundaries to shut down judicial activists.”
The Court has shut the door on the abuse of universal injunctions. Today’s decision is a victory for our constitutional separation of powers.
Justice Alito’s concurrence sounds the alarm that litigants have been attempting to abuse class actions and standing processes as well… pic.twitter.com/YROfX8woE6
— Carrie Severino (@JCNSeverino) June 27, 2025
Justice Alito’s warning about nationwide injunction ‘loophole’ looms over Trump cases https://t.co/dtSCEGTgNj
— Fox News (@FoxNews) July 3, 2025
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