Lots in the separate opinion. First, Thomas has a concurring opinion in which he stresses that the Court “today puts an end to the ‘increasingly common’ practice of federal courts issuing universal injunctions.”
Alito has a concurring opinion in which he notes that the court does not resolve two issues that “potentially threaten the practical significance of today’s decision: the availability of third-party standing and class certification.”
He says that the “Court does not address the weighty issue whether the state plaintiffs have third-party standing to assert the Citizenship Clause claims of their individual residents.”
ACB *blisters* Justice Jackson’s solo dissent — “ We observe only this:JUSTICE JACKSON decries an imperial Executive while em-bracing an imperial Judiciary.”
Alito says next that the ruling “will have very little value if district courts award relief to broadly defined classes without following” the procedural protections for class certification.
(Barrett is still reading from her opinion.)
District courts are going to have to start entering into the thicket of class certification (which is not something they are particularly fond of)
As I said, there is going to be a lot of dissection of this Opinion over the next few days.
I guess I know how my next few days are going to be spent. I’m going to eat my elephant one bite at a time. Nourish my mind with the insight on how to fight this battle going forward.
Alito has a concurring opinion in which he notes that the court does not resolve two issues that “potentially threaten the practical significance of today’s decision: the availability of third-party standing and class certification.”
He says that the “Court does not address the weighty issue whether the state plaintiffs have third-party standing to assert the Citizenship Clause claims of their individual residents.”
ACB *blisters* Justice Jackson’s solo dissent — “ We observe only this:JUSTICE JACKSON decries an imperial Executive while em-bracing an imperial Judiciary.”
Alito says next that the ruling “will have very little value if district courts award relief to broadly defined classes without following” the procedural protections for class certification.
(Barrett is still reading from her opinion.)
District courts are going to have to start entering into the thicket of class certification (which is not something they are particularly fond of)
As I said, there is going to be a lot of dissection of this Opinion over the next few days.
Of course. Lower court rulings are already ignoring the SCOTUS, so . Who knows where we go
Looks like great news, almost worthy of a “BOOM” or “BOMBSHELL”... :)