Friday, June 27th, 2025
While today’s 6-3 Supreme Court ruling in Trump v. CASA does not directly address the constitutionality of birthright citizenship, it does limit the use of nationwide injunctions, a key legal tool for lower courts to check presidential power. This decision effectively creates a national patchwork of unequal rights, wherein challenges to unconstitutional actions can be tied up in procedural morass, providing legal protections only to those who have the time, resources, and ability to seek justice through the courts.
The ruling also creates delays that will most severely impact those challenging the draconian roll-back of civil rights resulting from the Trump administration’s actions, including the more than 160 Executive Orders signed by the president so far in 2025.
However, we also know this decision will not stop defenders of justice from challenging unlawful actions, nor from continuing to be successful. Class action lawsuits can be utilized to obtain broad rulings on behalf of groups of people, and other mechanisms for challenging the government’s actions remain intact. Plaintiffs in some cases, including CASA, Inc., have already begun the process of refiling their litigation as a class action in light of today’s ruling.
Disability Law United believes constitutional protections – and statutory rights – apply to and must be enforced for all. Patchwork justice is no justice at all.
We will battle on – and we will win.