ANALYSIS: Post-CASA, Class Injunctions Face Heavy Burdens

It’s only been about seven months since the US Supreme Court held in Trump v. CASA that federal district courts generally can’t issue nationwide injunctions. Yet because of widespread legal challenges to policies and actions by the Trump administration, courts are actively wrestling with CASA’s holding and how federal district courts should now fashion broad relief.

A brief ruling by the US Court of Appeals for the Eighth Circuit in January highlights that struggle and implicates bigger structural cracks in the federal court system. Though the opinion is short, it appears to throw up additional blockades to injunctions in ...