Just a few hours after the Supreme Court threw down a ruling against them, CASA, Inc., the organization representing immigrants opposed to President Donald Trump’s executive order on birthright citizenship, altered its strategy and filed another suit in the same District Court—this time, submitting their complaint as a class action.
“The Supreme Court’s recent stay opinion acknowledges that courts may award injunctive relief beyond the named parties when the case is brought as a class action,” the plaintiff attorneys wrote to the District Court of Maryland.
They cited Justice Brett Kavanaugh’s comment that district-level federal courts could still “grant or deny the functional equivalent of a universal injunction—for example, by granting or denying a preliminary injunction to a putative nationwide class,” and that Justice Sonia Sotomayor also mentioned class action in her dissent.“Consistent with the Supreme Court’s instructions, Plaintiffs have now filed an amended complaint that expressly seeks relief on behalf of a putative class of those U.S.-born babies wrongfully deemed by the Executive Order to be ineligible for U.S. citizenship, along with their parents,” they added.