EP 890 U.S. Supreme Court Tells Plaintiffs to Take Another Approach to Challenging Trump Policies

 Many lawsuits have been brought against the second Trump Administration on the basis of overreach of its authority in trying to enact policies. President Trump declared victory over ‘radical left wing judges’ when the U.S. Supreme Court declared that the concept of the ‘universal’ injunction, wherein one lower federal court can make a ruling which then becomes the law of the land.  This process has been used by courts to address issues of presidential power under this and previous administrations.  However, the Supreme Court justices did say that they would consider cases that came back to them as part of a class action or under the Administrative Procedure Act.  Professor David Marcus, of UCLA Law School, explains what the Court is looking to see in order to rule on such cases, such as the one dealing with birthright citizenship, known as Trump vs. CASA.  The Supreme Court vacated the “universal” injunction and encouraged the plaintiffs to come back using other methods.  They did offer a caveat that the formation of a class for the class action suit would have to meet rigorous standards.  Professor Marcus will explain what’s happening here. Take note because this is a big deal, particularly given the proclivities of this Administration.

Podcast: Play in new window | Download