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Tracy Thomas

@proftracythomas.bsky.social

2.5K followers 910 following 2 posts

Law prof & scholar of constitutional law. (Personal page). https://www.proftracythomas.com/

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Reposted by Tracy A. Thomas

Sam Libby @samlibby.bsky.social · Jun 27

Rule 23(b)(2) class actions may be the procedurally proper way to achieve complete, nationwide relief. But the underlying premise is that the Court will apply the Rule 23(a) factors evenhandedly. The dissenters are furious because repeatedly, the Court has not done so

Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · Jun 27

It's bad, but thankfully not THAT bad. Class actions remain available (although have their own problems/limitations), and the Court defers on whether an injunction with a nationwide scope may be appropriate to grant to a state in some circumstances, like with the birthright citizenship order here.

ElieNYC @elienyc.bsky.social · Jun 27

The main upshot of today's birthright citizenship ruling (that I'm still making way through) seems to be that each person victimized by an unconstitutional Trump order has to pretty much sue individually.
Trump is free to act unconstitutionally to everybody individually.

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Reposted by Tracy A. Thomas

Steve Vladeck @stevevladeck.bsky.social · Jun 27

It's worth keeping in mind, insofar as today's #SCOTUS ruling is going to put a lot of pressure on federal district courts to certify nationwide class actions, that part of why nationwide classes have become harder to certify is because of ... the Supreme Court:

www.stevevladeck.com/p/bonus-136-...

Bonus 136: Nationwide Injunctions vs. Nationwide Class Actions

If those who oppose non-plaintiff-specific relief are doing so on principle and not just politics, they should support more robust nationwide class action suits against the federal government.

www.stevevladeck.com

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Reposted by Tracy A. Thomas

Mark Joseph Stern @mjsdc.bsky.social · Jun 27

I want to reiterate that countless conservative judges issued universal injunctions against the Biden administration, and the Supreme Court never halted the practice. Now, barely five months into Trump's second term, the court puts an end to these injunctions. A brazen double standard.

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Reposted by Tracy A. Thomas

Strict Scrutiny Podcast @strictscrutiny.bsky.social · Jun 18

OUT NOW - our episode on US v. Skrmetti, the case upholding TN’s ban on gender affirming care for minors.

With @chasestrangio.bsky.social

@profmmurray.bsky.social @kateshaw.bsky.social @leahlitman.bsky.social

crooked.com/podcast/scot...

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Reposted by Tracy A. Thomas

ACLU @aclu.org · Jun 17

NEW: The Oklahoma Supreme Court ruled that a 2021 censorship law can't be used to ban teaching about race and gender in Oklahoma's higher education institutions.

This is a win for academic freedom and the First Amendment.

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