Justice Alito's warning about nationwide injunction 'loophole' looms over Trump cases
AG Bondi criticized 'rogue' judge for attempting to undermine Supreme Court's decision on nationwide blocks
By Ashley Oliver Fox News
Published July 3, 2025 2:54pm EDT
Justice Samuel Alito raised concerns about a "potentially significant loophole" in the Supreme Court's decision to curb universal injunctions, and now his warning is hanging over lawsuits involving President Donald Trump.
Alito said in his concurring opinion in Trump v. CASA that class action lawsuits and lawsuits brought by states leave room for judges to hand down injunctions that, in practice, would function the same way a universal injunction does.
"Federal courts should thus be vigilant against such potential abuses of these tools," Alito said.
Alito's warning comes as judges continue to hand down sweeping rulings and as plaintiffs begin filing lawsuits tailored to avoid running into the new roadblock established by the high court.
In one major ruling, Judge Randolph Moss, an Obama appointee based in Washington, D.C., found this week that Trump's proclamation declaring an "invasion" at the border was unlawful.
Trump's proclamation restricted migrants from claiming asylum when crossing into the United States, a practice the Trump administration says has been abused by border crossers.
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https://www.foxnews.com/politics/justice-alitos-warning-about-nationwide-injunction-loophole-looms-over-trump-cases
