the challenge is to the legal position, which is common to everyone affected by it. Whether there would be downstream individualized questions is a different issue. b2 Class cert is granted every day in this structural situation
Replies
Exactly
jun 27, 2025, 6:36 pm • 1 0 • view
OK, that makes sense. And all they need is one district to grant a super-class on the birthright question, and let's say some sub-classes on other questions? Does that sound right?
jun 27, 2025, 6:34 pm • 1 0 • view
Give or take I do worry a bit about multiple actions in different districts ==> 1407 MDL consolidation in a bad district, fwiw
jun 27, 2025, 6:39 pm • 1 0 • view
1) I imagine no good faith plaintiff would sue in a bad district, but the Trump DOJ surely would try some procedural twist (declaratory relief?) to get into a MAGA district. Now this gets very complicated - an interdistrict, intra-Article III fight over the MDL? ...
jun 27, 2025, 7:01 pm • 3 1 • view
2) And even though plaintiffs can find good district courts to grant a class certification, the Trump DOJ would appeal immediately. After a year of SCOTUS shockers and overturning stays, I am not confident there are 5 votes to enforce dist court orders based on their class certification...
jun 27, 2025, 7:03 pm • 2 2 • view
3) If the Roberts Court keeps giving Trump admin these wins despite its recklessness about precedents and defiance of court orders, those are the tea leaves of enabling lawlessness that worry me. The Barrett, Alito, Kavanaugh opinions are sloppy, bending over backward to the administration...
jun 27, 2025, 7:07 pm • 20 9 • view
4) So even though I couldn't imagine the Roberts Court ruling against birthright rule before, I can now - after a month of utter nonsense rulings. And wouldn't the Trump admin read tea leaves as a green light for more reckless defiance of the rule of law, to mix metaphors (green tea leaves)?
jun 27, 2025, 7:09 pm • 16 7 • view
At the moment, it's not the Robert's Court, it's the Trump Court. They are more afraid of him and his mob of vigilantes than they are of destroying America's future as a nation ruled by law, not Kings.
jun 27, 2025, 7:16 pm • 0 0 • view
Practically speaking, what do you think concocting some ruling against birthright citizenship would look like? I am honestly not clear what they would try to replace it with.
jun 27, 2025, 8:07 pm • 0 0 • view
* issue with MDL is that the JPML could transfer all cases to one judge. which one/which circuit--cross your fingers. * Rule 23(f) allows interlocutory appeal of grant/denial of class cert, so appeal could happen quickly--fine. * T will lose on merits (and if not, none of this matters anyway)
jun 27, 2025, 7:54 pm • 2 0 • view