United States Supreme Court Associate Justice Samuel Alito poses for an official portrait at the East Conference Room of the Supreme Court building on October 7, 2022 in Washington, DC. (Alex Wong/Getty Images)
Alito's warning comes as judges continue to hand down sweeping rulings and as plaintiffs begin filing lawsuits tailored to avoid running into the new roadblock established by the high court.
In one major ruling, Judge Randolph Moss, an Obama appointee based in Washington, D.C., found this week that Trump's proclamation declaring an "invasion" at the border was unlawful.
Trump's proclamation restricted migrants from claiming asylum when crossing into the United States, a practice the Trump administration says has been abused by border crossers.
Attorney General Pam Bondi and the Department of Justice is suing the state of Minnesota for allowing illegal immigrants to get free or reduced in-state tuition, which is not afforded to all U.S. citizens. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
In his concurring opinion, Alito warned against class action lawsuits that do not strictly abide by Rule 23, which lays out the criteria for certifying a class. He said the Supreme Court's decision on universal injunctions will have "very little value" if district courts do not adhere to the rule.
"District courts should not view today’s decision as an invitation to certify nationwide classes without scrupulous adherence to the rigors of Rule 23," Alito wrote. "Otherwise, the universal injunction will return from the grave under the guise of ‘nationwide class relief,’ and today’s decision will be of little more than minor academic interest."
Alito also noted that another area for exploitation could be states that seek statewide relief from a court.
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For instance, Democrat-led states have filed several lawsuits challenging Trump's policies. A judge could grant those states statewide injunctions, meaning everyone living in the state would be exempt from the policies. Alito warned that giving third parties widespread standing in cases in that manner required careful scrutiny.
If judges are lax about these statewide lawsuits, states will have "every incentive to bring third-party suits on behalf of their residents to obtain a broader scope of equitable relief than any individual resident could procure in his own suit," Alito wrote. "Left unchecked, the practice of reflexive state third-party standing will undermine today’s decision as a practical matter."
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/justice-alitos-warning-about-nationwide-injunction-loophole-looms-over-trump-cases