Class Action

In —Trump, President of The United States, et all., v. CASA, Inc., et al., 2025 606 U.S., the Supreme Court found, in a 6-3 decision, that universal injunctions are not constitutional. This is great news. It puts a stop to most of the lawfare going on against the Trump Administration.

Unfortunately, it leaves open another method of getting the equivalent, class action suits.

To have a class action suit, the class must first be certified. This is done via Rule 23 —Rules For Appellate Procedure (U.S.) (I’m hoping that is the correct citation). It is such a complex procedure that there are lawyers (and law offices) that do nothing but class action certification attempts.

For the Trump Administration, this complexity is a good thing. It means that it is more difficult to get these universal injunctions.

In reality, we are going to see suits filed as class actions. The anti-American groups will still go judge/court shopping, in an attempt to get a judge, favorable to their cause.

—J.G.G. v. TRUMP, No. 1:25-cv-00766 (D.D.C.) is such an example. They are attempting to get a class certified. They didn’t push hard because the rogue inferior court judge granted them a universal injunction. I suspect they will now go back to the well with a demand for a class certification.

This will not stop rogue judges in inferior courts doing bad things, it will make it more costly at the first step, to the plaintiffs (bad guys)

But what happens when a Democrat issues an EO banning guns?

It doesn’t really change anything. There are people claiming it will, but that is not really the case.

In the past 5 decades, have you read of a single universal injunction granted to The People in a Second Amendment case? Yeah, that is correct. There is none.

The closest we’ve gotten is courts issuing injunctive relief to all members of a group, such as GOA or FPC.

Since we aren’t getting nor will we get universal injunctions, there is no need to be concerned that others won’t be able to get universal injunctions.

If that scary EO comes down in the future, FPC and GOA and the NRA and … will show up in Texas and file suit on behalf of a few individuals. Those individuals will be members of those groups. The groups will then become a party to the suit.

This means that when a Texas district judge issues an injunction, TRO or preliminary, it will protect a large section of the firearm community.

The state will appeal for a stay, pending appeal. The fifth will deny that stay. The case will continue through the merits panel. The state will lose. The state will request an en banc panel. They will lose or their motion for an en banc hearing will be denied.

The state will then either appeal to the Supreme Court, where cert is likely to be granted, remember, this is the scary EO that bans everything. The Supreme Court gets to issue another great opinion on the Second Amendment.

The state could choose to take the L in Texas. Which isn’t a big deal because the plaintiffs will have also filed suit in California, Maryland, Florida, and Illinois.

Florida will go the same way as Texas.

The standard rogue, inferior courts will find for the state and against The People.

This will create a circuit split, which pushes the Supreme Court to take the case.

This sort of thing is at least 8 years in the future.

Meanwhile, the Supreme Court seems to be actively looking for the “right” Second Amendment case to take next.

Oh, take a look at Medina v. Planned Parenthood South Atlantic where The Court wrote:

The short of that is that the Supreme Court is getting tired of rogue inferior court judges playing dump when it advances their agenda.