Trump v. CASA and the Future of Class Certification: A New Chapter in the Chain of Injunctive Relief

Trump v. CASA and the Future of Class Certification: A New Chapter in the Chain of Injunctive Relief

According to Wystan Ackerman of Robinson & Cole, the Supreme Court’s decision in Trump v. CASA, Inc. (June 27, 2025), marks a pivotal shift in how lower courts can issue injunctive relief, limiting their ability to impose universal injunctions that apply nationwide. While the immediate implications center on federal challenges to executive actions, particularly President Trump’s controversial order on birthright citizenship, the ruling is likely to have broader effects in the class action litigation landscape.

Justice Barrett’s majority opinion characterizes universal injunctions as workarounds to Rule 23, implying that plaintiffs may now be incentivized to expedite class certification in hopes of achieving similarly broad relief. Although the opinion only briefly addresses class actions, the subtext is clear: universal injunctions should not substitute for the procedural rigor of class certification. 

Concurring opinions by Justices Alito and Kavanaugh further underscore this tension. Alito warns of “hasty” class certifications undermining due process, while Kavanaugh views Rule 23(b)(2) as a legitimate and necessary tool to manage nationwide relief and avoid a flood of fragmented litigation.

Justice Sotomayor’s dissent, joined by Justices Kagan and Jackson, advocates for the use of class actions to fill the void left by curtailed injunction powers, urging lower courts to act swiftly in certifying classes to address widespread harms resulting from allegedly unlawful government conduct.

The implications of Trump v. Casa are significant for corporate defense lawyers. The article notes that expedited and potentially relaxed standards for class certification in high-stakes government cases could spill over into private litigation, especially where Rule 23(b)(2) is invoked. As plaintiffs’ lawyers cite these precedents, defense teams must prepare to push back against certification shortcuts, lest pressure to settle becomes the new normal.