The concerns of judge Alito concerning collective appeals hang on the legal battles of Trump

Justice Samuel Alito has raised concerns about a “potentially important gap” in the Supreme Court’s decision to limit universal injunctions, and now his warning is suspended by prosecution involving President Donald Trump.

Alito said in his competitive opinion in Trump c. Casa that actions in collective appeal and the proceedings brought by states leave room for judges to transmit injunctions which, in practice, would work in the same way as a universal injunction.

“Federal courts should therefore be vigilant against such potential abuses of these tools,” said Alito.

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The associate judge of the Supreme Court of the United States, Samuel Alito, poses for an official portrait at the conference room in the east of the Supreme Court building on October 7, 2022 in Washington, DC. (Images Alex Wong / Getty)

Alito’s warning comes as the judges continue to send radical decisions and the complainants are starting to bring adapted proceedings to avoid running in the new road barrage established by the High Court.

In a major decision, judge Randolph Moss, one appointed by Obama based in Washington, DC, noted this week that Trump’s proclamation declaring a “invasion” on the border was illegal.

Trump’s proclamation prevented migrants from claiming asylum during crossing the United States, a practice that the Trump Dit administration was abused by border crosses.

US President Donald Trump speaks to journalists on the South lawn before climbing the Navy One and leaving the White House on July 01, 2025 in Washington, DC. (Anna Moneymaker / Getty Images)

Moss “put aside” this policy under the law on administrative procedure, which has had a similar effect to that of a national injunction. More than a dozen potential asylees have brought a trial, and Moss also agreed to certify the case as a collective recourse which applied to all the potential asyles of the country.

The Trump administration immediately appealed the decision. The Attorney General Pam Bondi said in a statement that Moss was a “District Court of District Voyou” who “was already trying to bypass the recent Supreme Court decision against national injunctions”.

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The Attorney General Pam Bondi and the Ministry of Justice continue the state of Minnesota for authorizing illegal immigrants to obtain free or reduced tuition fees, which are not granted to all American citizens. (Tom Williams / CQ-Roll Call, included via Getty Images)

In his competitive opinion, Alito warned against collective remedies which do not strictly respect rule 23, which presents the criteria for the certification of a class. He said that the Supreme Court’s decision on universal injunctions would “very little value” if the district courts do not adhere to the rule.

“The district courts should not consider today’s decision as an invitation to certify the national courses without scrupulous membership in the rigors of rule 23,” wrote Alito. “Otherwise, the universal injunction will return from the tomb under the guise of” relief of the national class “and today’s decision will be little more than minor academic interest.”

Alito has also noted that another field of exploitation could be states which require repair on the scale of the state of a court.

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For example, the States led by Democrats have deposited several proceedings contesting Trump’s policies. A judge could grant these states injunctions to the scale of the state, which means that all those who live in the state are exempt from policies. Alito warned that giving third parties in cases in this way required a meticulous examination.

If the judges are lax of these state -scale proceedings, the States will have “all the incentives to bring third -party prosecution in the name of their residents to obtain a broader range of equitable rescue that any individual resident could obtain in his own action,” wrote Alito. “Leave without control, the practice of the position of third parties of the reflexive state will undermine today’s decision as a practical question.”