The Supremes issued a decision today that seriously curtails the power of district court judges to issue nationwide injunctions and essentially limits those courts to the issues and parties before them. I saw John Yoo today talking about how this decision has basically decimated the power of these leftist judges. And I thought that that was a little disingenuous because these activist judges will try to get around the decision by declaring class actions and making the class nation wide. This already happened in one case. I don’t remember which one, but he certified a class and declared a class action even before the government had a chance to reply to the complaint.
I have handled a class action and that’s not how it’s supposed to be done. So I think that we will see a spate of improper class actions. Imagine a judge certifying a class that consists of all illegal aliens. He could then impose an injunction preventing the government from taking any action against them until the class action has been litigated which would take years.
And what makes this even more scary is that Tarlov said on the Five that this is what they planned to do and have already filed several class complaints after the Supremes issued the decision.