The Supreme Court’s Landmark Ruling On Universal Injunctions In The Birthright Citizenship Cases

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The Supreme Court’s Landmark Ruling on Universal Injunctions in the Birthright Citizenship Cases - Part 1

4d ago 49:21

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The podcast show we are releasing today is a repurposing of part 1 of a webinar we produced on August 13, 2025, which explored the U.S. Supreme Court’s pivotal 6-3 decision in Trump v. CASA, Inc., a ruling that significantly curtails the use of nationwide or “universal” injunctions. A universal injunction is one which confers benefits on non-parties to the lawsuit. This case marks a turning point in federal court jurisprudence, with profound implications for equitable relief, national policy, and governance.

Our distinguished panel of legal scholars, Suzette Malveaux (Roger D. Groot Professor of Law, Washington and Lee University School of Law), Portia Pedro (Associate Professor of Law, Boston University School of Law), and Alan Trammell (Professor of Law, Washington and Lee University School of Law) are joined by experienced litigators Alan Kaplinsky, Carter G. Phillips (Former Assistant to the Solicitor General of the United States & Partner, Sidley Austin LLP), and Burt M. Rublin (Senior Counsel and Appellate Group Practice Leader, Ballard Spahr LLP). These panelists dive deep into the Court’s decision, unpacking its historical foundation, analyzing the majority, concurring, and dissenting opinions, and evaluating its far-reaching effects on all stakeholders, including industry groups, trade associations, federal agencies, the judiciary, the executive branch, and everyday citizens.

This podcast show and the one we release one week from today cover these critical topics:

· The originalist and historical reasoning behind the Court’s rejection of universal injunctions

· A detailed analysis of the majority, concurring, and dissenting opinions

· The ruling’s impact on legal challenges to federal statutes, regulations, and executive orders

· The potential role of Federal Rule of Civil Procedure 23(a) and 23(b)(2) class actions as alternatives to universal injunctions, including the status of the CASA case and other cases where plaintiffs have pursued class actions

· The use of Section 706 of the Administrative Procedure Act (the “APA”) to “set aside” or “vacate” unlawful regulations and Section 705 of the APA to seek stays of regulation effective dates

· The viability of associational standing for trade groups challenging regulations on behalf of their members

· The ruling’s influence on forum selection and judicial assignment strategies, including “judge-shopping”

· The Supreme Court’s increasing use of its emergency or “shadow” docket, rather than its conventional certiorari docket, to render extraordinarily important opinions

This is a unique opportunity to hear from leading experts as they break down one of the most consequential and controversial Supreme Court decisions of this Supreme Court Term. These podcast shows will provide you with valuable insights into how this ruling reshapes the legal landscape.

Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

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