Preserving Preliminary Relief
Abstract
In June 2025, the Supreme Court’s decision in Trump v. CASA fundamentally altered the landscape of federal litigation by eliminating district courts’ authority to issue “universal injunctions” that protect anyone beyond named plaintiffs. While this ruling addressed legitimate concerns about forum shopping and single-judge control over national policy, it may have overcorrected—potentially leaving constitutional violations to continue unabated while affected parties scramble to organize class actions or coordinate individual suits. The Court’s reliance on statutory interpretation of the Judiciary Act, rather than constitutional limitations, means Congress retains authority to restore broader injunctive relief through new legislation. This Article examines the case for such legislative action and proposes institutional reforms that would preserve meaningful judicial protection against government overreach while addressing the legitimacy concerns that made universal injunctions controversial. The Article evaluates universal injunctions’ evolution from extraordinary remedies into routine instruments of political contestation, analyzes the Supreme Court’s restriction of this authority, and proposes a modernized three-judge court system—structured with targeted jurisdiction, circuit court appellate review, and technological enhancements—as a promising institutional solution that addresses judge-shopping concerns without impeding access to justice. The Article further demonstrates why increasing security bond requirements would create unacceptable financial barriers to judicial review for vulnerable plaintiffs and argues that any legislative framework should preserve existing judicial discretion over bond determinations rather than mandate specific requirements. Drawing on historical experience and contemporary needs, this Article proposes a balanced legislative approach that would restore the essential function of preliminary injunctions as a check on government overreach while enhancing their deliberative legitimacy and reducing their most partisan applications.
Keywords
Trump v. CASA, Universal Injunctions
Publication Date
2026
Document Type
Article
Place of Original Publication
Harvard Journal on Legislation
Publication Information
63.1 Harvard Journal on Legislation 195 (2026)
Repository Citation
Robertson, Cassandra Burke, "Preserving Preliminary Relief" (2026). Faculty Publications. 2369.
https://scholarlycommons.law.case.edu/faculty_publications/2369
