With the Orr v. Trump appeal, I’m more worried about the fact that it could be overturned since it has a nationwide injunction and the Supreme Court essentially eliminated nationwide injunctions in Trump v. CASA.
You’re right that the Supreme Court did eliminate blanket nationwide injunctions in the CASA ruling. However, that doesn’t apply to Orr. In CASA, the Supreme Court did leave a court’s ability to block a policy for a certain group of people, which can be done when there’s a class certification.
The injunction in Orr is one that’s on a class basis. So technically, the policy is still in effect, it’s just blocked for some people. This is why they make you sign an attestation form.
They won’t block this one, as it’s rooted in a finding of animus, one that the court will not overturn on an emergency appeal such as this.
With the Orr v. Trump appeal, I’m more worried about the fact that it could be overturned since it has a nationwide injunction and the Supreme Court essentially eliminated nationwide injunctions in Trump v. CASA.
You’re right that the Supreme Court did eliminate blanket nationwide injunctions in the CASA ruling. However, that doesn’t apply to Orr. In CASA, the Supreme Court did leave a court’s ability to block a policy for a certain group of people, which can be done when there’s a class certification.
The injunction in Orr is one that’s on a class basis. So technically, the policy is still in effect, it’s just blocked for some people. This is why they make you sign an attestation form.
They won’t block this one, as it’s rooted in a finding of animus, one that the court will not overturn on an emergency appeal such as this.
Thanks for the clarification!