In a significant shift in the legal landscape, the U.S. Supreme Court’s recent decision to limit the issuance of nationwide injunctions has prompted public interest lawyers to explore class action lawsuits as an alternative means to challenge federal policies.
On June 27, 2025, the Supreme Court ruled 6-3 that federal district courts lack the authority to issue universal injunctions that halt government actions nationwide. Justice Amy Coney Barrett, writing for the majority, stated that such broad orders “likely exceed the equitable authority that Congress has given to federal courts.” This decision emerged from challenges to President Donald Trump’s executive order aiming to end birthright citizenship for children of undocumented immigrants and those on temporary visas. The Court’s ruling did not address the constitutionality of the executive order but focused on the scope of judicial authority in issuing injunctions. ([cbsnews.com](https://www.cbsnews.com/news/supreme-court-birthright-citizenship-universal-injunctions/?utm_source=openai))
In response to this limitation, legal advocates are turning to class action lawsuits as a strategic tool to achieve widespread relief. Class actions allow a group of individuals similarly affected by a policy to sue collectively, potentially leading to nationwide impact without the need for universal injunctions. This approach is seen as a viable pathway to challenge policies that may infringe upon constitutional rights or statutory protections.
For instance, following the Supreme Court’s decision, a class action lawsuit titled Barbara v. Trump was filed in the U.S. District Court for the District of New Hampshire. The plaintiffs sought a class-wide injunction against Executive Order 14160, which imposed restrictions on birthright citizenship. On July 10, 2025, Judge Joseph Laplante granted a preliminary injunction, effectively blocking the order’s enforcement against those impacted by the policy. ([en.wikipedia.org](https://en.wikipedia.org/wiki/Barbara_v._Trump?utm_source=openai))
Legal experts note that while class actions can provide broad relief, they come with their own set of challenges. Establishing a class requires demonstrating commonality among plaintiffs and can be a complex and time-consuming process. Additionally, the government may contest the certification of the class, arguing that the plaintiffs do not share sufficient commonality to warrant collective action.
Despite these hurdles, the shift towards class actions reflects a strategic adaptation by public interest lawyers to navigate the evolving judicial landscape. As the Supreme Court continues to delineate the boundaries of judicial authority, class actions may become an increasingly prominent mechanism for challenging federal policies and protecting individual rights.