*1 OCTOBER TERM, 2024 (Slip Opinion)
Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See
United States
v.
Detroit Timber & Lumber Co.,
Syllabus
TRUMP, PRESIDENT OF THE UNITED STATES, ET AL .
v . CASA, INC., ET AL . ON APPLICATION FOR PARTIAL STAY No. 24A884. Argued May 15, 2025—Decided June 27, 2025* Plaintiffs (respondents here)—individuals, organizations, and States—
filed three separate suits to enjoin the implementation and enforce- ment of President Trump’s Executive Order No. 14160. See Protecting the Meaning and Value of American Citizenship, 90 Fed. Reg. 8449. The Executive Order identifies circumstances in which a person born in the United States is not “subject to the jurisdiction thereof” and is thus not recognized as an American citizen. The plaintiffs allege that the Executive Order violates the Fourteenth Amendment’s Citizenship Clause, §1, and §201 of the Nationality Act of 1940. In each case, the District Court entered a “universal injunction”—an injunction barring executive officials from applying the Executive Order to anyone , not just the plaintiffs. And in each case, the Court of Appeals denied the Government’s request to stay the sweeping relief. The Government argues that the District Courts lacked equitable authority to impose universal relief and has filed three nearly identical emergency appli- cations seeking partial stays to limit the preliminary injunctions to the plaintiffs in each case. The applications do not raise—and thus the Court does not address—the question whether the Executive Order vi- olates the Citizenship Clause or Nationality Act. Instead, the issue the Court decides is whether, under the Judiciary Act of 1789, federal courts have equitable authority to issue universal injunctions. ——————
*Together with No. 24A885, Trump, President of the United States, et al. v. Washington et al. , and No. 24A886, Trump, President of the United States, et al. v. New Jersey et al ., also on applications for partial stays.
Syllabus
Held : Universal injunctions likely exceed the equitable authority that
Congress has given to federal courts. The Court grants the Govern- ment’s applications for a partial stay of the injunctions entered below, but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue. Pp. 4– 26.
(a) The issue raised by these applications—whether Congress has granted federal courts authority to universally enjoin the enforcement of an executive order—plainly warrants this Court’s review. On mul- tiple occasions, and across administrations, the Solicitor General has asked the Court to consider the propriety of this expansive remedy. As the number of universal injunctions has increased over the years, so too has the importance of the issue. Pp. 4–5.
(b) The Government is likely to succeed on the merits of its claim
that the District Courts lacked authority to issue universal injunc-
tions. See
Nken
v.
Holder
,
Universal injunctions are not sufficiently “analogous” to any relief
available in the court of equity in England at the time of the founding.
Grupo Mexicano
,
Syllabus
here, suits in equity were brought by and against individual parties, and the Chancellor’s remedies were generally party specific. See Ive- son v. Harris , 7 Ves. 251, 257, 32 Eng. Rep. 102, 104 (“[Y]ou cannot have an injunction except against a party to the suit”). In sum, under longstanding equity practice in England, there was no remedy “re- motely like a national injunction.” Bray, Multiple Chancellors 425.
Nor did founding-era courts of equity in the United States chart a
different course. If anything, the approach traditionally taken by fed-
eral courts cuts
against
the existence of such a sweeping remedy. Con-
sider
Scott
v.
Donald
, where the plaintiff successfully challenged the
constitutionality of a law on which state officials had relied to confis-
cate alcohol that the plaintiff kept for personal use. See
The Court’s early refusals to grant relief to nonparties are consistent
with the party-specific principles that permeate the Court’s under-
standing of equity. “[N]either declaratory nor injunctive relief,” the
Court has said, “can directly interfere with enforcement of contested
statutes or ordinances except with respect to the particular federal
plaintiffs.”
Doran
v.
Salem Inn, Inc.
,
While “equity is flexible,” Grupo Mexicano , 527 U. S., at 322, the Court’s precedent emphasizes that its “flexibility is confined within the broad boundaries of traditional equitable relief.” Ibid . Because the universal injunction lacks a historical pedigree, it falls outside the bounds of a federal court’s equitable authority under the Judiciary Act. Pp. 5–11.
(c) Respondents’ counterarguments are unavailing. Pp. 11–21. (1) In an effort to satisfy Grupo Mexicano ’s historical test, re- spondents claim that universal injunctions are the modern equivalent of the decree resulting from a “bill of peace”—a form of group litigation in the Court of Chancery. Respondents contend that the existence of this historic equitable device means that federal courts have the equi- table authority to issue universal injunctions under the Judiciary Act. The analogy, however, does not work. True, “bills of peace allowed
Syllabus
[courts of equity] to adjudicate the rights of members of dispersed
groups without formally joining them to a lawsuit through the usual
procedures.”
Arizona
v.
Biden
,
The bill of peace lives in modern form, but not as the universal in- junction. It is instead analogous to the modern class action—which, in federal court, is governed by Rule 23 of the Federal Rules of Civil Pro- cedure. See ibid . Rule 23 requires numerosity (such that joinder is impracticable), common questions of law or fact, typicality, and repre- sentative parties who adequately protect the interests of the class. Fed. Rule Civ. Proc. 23(a). The requirements for a bill of peace were virtually identical. See 7A Wright, Federal Practice and Procedure §1751, at 10 and n. 4. By forging a shortcut to relief that benefits par- ties and nonparties alike, universal injunctions impermissibly circum- vent Rule 23’s procedural protections. Pp. 12–15.
(2) Respondents contend that universal injunctions—or at least
these
universal injunctions—are simply an application of the principle
that a court of equity may fashion a remedy that awards complete re-
lief. But “complete relief” is not synonymous with “universal relief.”
It is a narrower concept, long embraced in the equitable tradition, that
allows courts to “administer complete relief
between the parties
.”
Kin-
ney-Coastal Oil Co.
v.
Kieffer
,
Here, prohibiting enforcement of the Executive Order against the child of an individual pregnant plaintiff will give that plaintiff com- plete relief: Her child will not be denied citizenship. And extending the injunction to cover everyone similarly situated would not render her relief any more complete. So the individual and associational re- spondents are wrong to characterize the universal injunction as simply an application of the complete-relief principle. The inquiry is more complicated for the state respondents, because the relevant injunction does not purport to directly benefit nonparties. Instead, the District Court for the District of Massachusetts decided that a universal in- junction was necessary to provide the States themselves complete re-
Syllabus
lief. As the States see it, their harms—financial injuries and the ad- ministrative burdens flowing from citizen-dependent benefits pro- grams—cannot be remedied without a blanket ban on the enforcement of the Executive Order. Children often move across state lines or are born outside their parents’ State of residence. Given the cross-border flow, the States say, a “patchwork injunction” would prove unworkable for the provision of certain federally funded benefits. The Government retorts that even if the injunction is designed to benefit only the States, it is “more burdensome than necessary to redress” their asserted harms, see Califano v. Yamasaki , 442 U. S. 682, 702, and that nar- rower relief is appropriate. The Court declines to take up these argu- ments in the first instance. The lower courts should determine whether a narrower injunction is appropriate, so we leave it to them to consider these and any related arguments. Pp. 15–19.
(3) Respondents defend universal injunctions as a matter of pol- icy; the Government advances policy arguments running the other way. As with most questions of law, the policy pros and cons are beside the point. Under the Court’s well-established precedent, see Grupo Mexicano , 527 U. S., at 319, because universal injunctions lack a founding-era forebear, federal courts lack authority to issue them. Pp. 19–21.
(d) To obtain interim relief, the Government must show that it is
likely to suffer irreparable harm absent a stay.
Nken
, 556 U. S., at
434–435. When a federal court enters a universal injunction against
the Government, it “improper[ly] intru[des]” on “a coordinate branch
of the Government” and prevents the Government from enforcing its
policies against nonparties.
INS
v.
Legalization Assistance Project of
Los Angeles County Federation of Labor
,
(e) When a court concludes that the Executive Branch has acted un- lawfully, the answer is not for the court to exceed its power, too. The
Syllabus
Government’s applications for partial stays of the preliminary injunc- tions are granted, but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue. P. 26.
Applications for partial stays granted.
B ARRETT , J., delivered the opinion of the Court, in which R OBERTS , C. J., and T HOMAS , A LITO , G ORSUCH , and K AVANAUGH , JJ., joined. T HOMAS , J., filed a concurring opinion, in which G ORSUCH , J., joined. A LITO , J., filed a concurring opinion, in which T HOMAS , J., joined. K A- VANAUGH , J., filed a concurring opinion. S , J., filed a dissent- ing opinion, in which K AGAN and J ACKSON , JJ., joined. J ACKSON , J., filed a dissenting opinion.
Opinion of the Court
SUPREME COURT OF THE UNITED STATES
_________________ No. 24A884 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . v. CASA, INC., ET AL . ON APPLICATION FOR PARTIAL STAY _________________ No. 24A885 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . v. WASHINGTON, ET AL . ON APPLICATION FOR PARTIAL STAY _________________ No. 24A886 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . NEW JERSEY, ET AL . ON APPLICATION FOR PARTIAL STAY
[June 27, 2025]
J USTICE B ARRETT delivered the opinion of the Court. The United States has filed three emergency applications challenging the scope of a federal court’s authority to enjoin Government officials from enforcing an executive order. Traditionally, courts issued injunctions prohibiting execu- tive officials from enforcing a challenged law or policy only against the plaintiffs in the lawsuit. The injunctions before us today reflect a more recent development: district courts asserting the power to prohibit enforcement of a law or pol- icy against anyone . These injunctions—known as “univer- sal injunctions”—likely exceed the equitable authority that
Opinion of the Court
Congress has granted to federal courts. [1] We therefore grant the Government’s applications to partially stay the injunc- tions entered below.
I
The applications before us concern three overlapping,
universal preliminary injunctions entered by three differ-
ent District Courts. See 763 F. Supp. 3d 723 (Md. 2025),
appeal pending, No. 25–1153 (CA4);
[1] Such injunctions are sometimes called “nationwide injunctions,” re-
flecting their use by a single district court to bar the enforcement of a
law anywhere in the Nation. But the term “universal” better captures
how these injunctions work. Even a traditional, parties-only injunction
can apply beyond the jurisdiction of the issuing court.
Steele
v.
Bulova
Watch Co.
,
[2] The Government does not dispute—nor could it—that the individual plaintiffs have standing to sue. But it argues that the States lack third- party standing because their claims rest exclusively on the rights of in- dividuals. Application for Partial Stay of Injunction in No. 24A884, pp. 28–32. It also challenges the District Courts’ authority to grant relief to the organizations’ members who are not identified in the complaints. See id ., at 22. We do not address these arguments. *9 3
Opinion of the Court
is thus not recognized as an American citizen. See ibid . Specifically, it sets forth the “policy of the United States” to no longer issue or accept documentation of citizenship in two scenarios: “(1) when [a] person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when [a] person’s mother’s presence in the United States was lawful but tem- porary, and the person’s father was not a United States cit- izen or lawful permanent resident at the time of said per- son’s birth.” Ibid . The Executive Order also provides for a 30-day ramp-up period. During that time, the order directs executive agencies to develop and issue public guidance re- garding the order’s implementation. See id ., at 8449–8450.
The plaintiffs filed suit, alleging that the Executive Order
violates the Fourteenth Amendment’s Citizenship Clause,
§1, as well as §201 of the Nationality Act of 1940, 54 Stat.
1138 (codified at 8 U. S. C. §1401). In each case, the District
Court concluded that the Executive Order is likely unlawful
and entered a universal preliminary injunction barring var-
ious executive officials from applying the policy to
anyone
in the country. And in each case, the Court of Appeals de-
nied the Government’s request to stay the sweeping relief.
See
The Government has now filed three nearly identical ap- plications seeking to partially stay the universal prelimi- nary injunctions and limit them to the parties. See Appli- cation for Partial Stay of Injunction in No. 24A884; Application for Partial Stay of Injunction in No. 24A885; Application for Partial Stay of Injunction in No. 24A886. The applications do not raise—and thus we do not ad- dress—the question whether the Executive Order violates ——————
[3] Because the applications are materially identical, we cite only the ap- plication in No. 24A884 throughout the rest of the opinion.
Opinion of the Court
the Citizenship Clause or Nationality Act. The issue before us is one of remedy: whether, under the Judiciary Act of 1789, federal courts have equitable authority to issue uni- versal injunctions.
II
The question whether Congress has granted federal
courts the authority to universally enjoin the enforcement
of an executive or legislative policy plainly warrants our re-
view, as Members of this Court have repeatedly empha-
sized. See,
e
.
g
.,
McHenry
v.
Texas Top Cop Shop
, 604 U. S.
___, ___ (2025) (G ORSUCH , J., concurring in grant of stay)
(slip op., at 1) (“I would . . . take this case now to resolve
definitively the question whether a district court may issue
universal injunctive relief ”);
Labrador
v.
Poe
,
It is easy to see why. By the end of the Biden administra- tion, we had reached “a state of affairs where almost every *11 5
Opinion of the Court
major presidential act [was] immediately frozen by a fed- eral district court.” W. Baude & S. Bray, Comment, Proper Parties, Proper Relief, 137 Harv. L. Rev. 153, 174 (2023). The trend has continued: During the first 100 days of the second Trump administration, district courts issued ap- proximately 25 universal injunctions. Congressional Re- search Service, J. Lampe, Nationwide Injunctions in the First Hundred Days of the Second Trump Administration 1 (May 16, 2025). As the number of universal injunctions has increased, so too has the importance of the issue.
III
A
The Government is likely to succeed on the merits of its
argument regarding the scope of relief. See
Nken
v.
Holder
,
The Judiciary Act of 1789 endowed federal courts with
jurisdiction over “all suits . . . in equity,” §11, 1 Stat. 78, and
still today, this statute “is what authorizes the federal
courts to issue equitable remedies,” S. Bray & E. Sherwin,
Remedies 442 (4th ed. 2024). Though flexible, this equita-
ble authority is not freewheeling. We have held that the
statutory grant encompasses only those sorts of equitable
remedies “traditionally accorded by courts of equity” at our
country’s inception.
Grupo Mexicano de Desarrollo, S. A.
v.
Alliance Bond Fund, Inc.
, 527 U. S. 308, 319 (1999); see
also,
e
.
g
.,
Payne
v.
Hook
,
[4] Our decision rests solely on the statutory authority that federal courts possess under the Judiciary Act of 1789. We express no view on the Government’s argument that Article III forecloses universal relief. *12 6
Opinion of the Court
that the High Court of Chancery in England possesses”). We must therefore ask whether universal injunctions are
sufficiently “analogous” to the relief issued “ ‘by the High
Court of Chancery in England at the time of the adoption of
the Constitution and the enactment of the original Judici-
ary Act.’ ”
Grupo Mexicano
,
The answer is no: Neither the universal injunction nor any analogous form of relief was available in the High Court of Chancery in England at the time of the founding. Equity offered a mechanism for the Crown “to secure justice where it would not be secured by the ordinary and existing processes of law.” G. Adams, The Origin of English Equity, 16 Colum. L. Rev. 87, 91 (1916). This “judicial prerogative of the King” thus extended to “those causes which the ordi- nary judges were incapable of determining.” 1 J. Pomeroy, Equity Jurisprudence §31, p. 27 (1881). Eventually, the Crown instituted the “practice of delegating the cases” that “came before” the judicial prerogative “to the chancellor for his sole decision.” Id ., §34, at 28. This “became the common mode of dealing with such controversies.” Ibid .
Of importance here, suits in equity were brought by and against individual parties. Indeed, the “general rule in Eq- uity [was] that all persons materially interested [in the suit] [were] to be made parties to it.” J. Story, Commen- taries on Equity Pleadings §72, p. 74 (2d ed. 1840) (Story). Injunctions were no exception; there were “sometimes suits ——————
[5] See also
Guaranty Trust Co.
v.
York
,
Opinion of the Court
to restrain the actions of particular officers against partic- ular plaintiffs.” S. Bray, Multiple Chancellors: Reforming the National Injunction, 131 Harv. L. Rev. 417, 425 (2017) (Bray, Multiple Chancellors) (emphasis added). And in cer- tain cases, the “Attorney General could be a defendant.” Ibid . The Chancellor’s remedies were also typically party specific. “As a general rule, an injunction” could not bind one who was not a “party to the cause.” F. Calvert, Suits in Equity 120 (2d ed. 1847); see also Iveson v. Harris , 7 Ves. 251, 257, 32 Eng. Rep. 102, 104 (1802) (“[Y]ou cannot have an injunction except against a party to the suit”). Suffice it to say, then, under longstanding equity practice in Eng- land, there was no remedy “remotely like a national injunc- tion.” Bray, Multiple Chancellors 425.
Nor did founding-era courts of equity in the United States
chart a different course. See 1 Pomeroy, Equity Jurispru-
dence §41, at 33–34. If anything, the approach traditionally
taken by federal courts cuts
against
the existence of such a
sweeping remedy. Consider
Scott
v.
Donald
, where the
plaintiff successfully challenged the constitutionality of a
law on which state officials had relied to confiscate alcohol
that the plaintiff kept for personal use. See
——————
[6] Though the principal dissent claims otherwise, we do not treat
Scott
as “dispositive.”
Post
, at 28 (opinion of S , J.). Under
Grupo
Mexicano de Desarrollo, S. A. Alliance Bond Fund, Inc.
,
Opinion of the Court
In the ensuing decades, we consistently rebuffed requests
for relief that extended beyond the parties. See,
e
.
g
.,
Per-
kins
v.
Lukens Steel Co.
, 310 U. S. 113, 123 (1940) (“The
benefits of [the court’s] injunction” improperly extended “to
bidders throughout the Nation who were not parties to any
proceeding, who were not before the court[,] and who had
sought no relief ”); cf.
Frothingham
v.
Mellon
, decided with
Massachusetts
v.
Mellon
, 262 U. S. 447, 487–489 (1923)
(concluding that the Court lacked authority to issue “pre-
ventive relief ” that would apply to people who “suffe[r] in
some indefinite way in common with people generally”);
Bray, Multiple Chancellors 433 (explaining that the
Froth-
ingham
analysis “intertwines concepts of equity, remedies,
and the judicial power”). As Justice Nelson put it while rid-
ing circuit, “[t]here is scarcely a suit at law, or in equity, . . .
in which a general statute is interpreted, that does not in-
volve a question in which other parties are interested.”
Cut-
ting
v.
Gilbert
,
Our early refusals to grant relief to nonparties are con-
sistent with the party-specific principles that permeate our
understanding of equity. “[N]either declaratory nor injunc-
tive relief,” we have said, “can directly interfere with en-
forcement of contested statutes or ordinances except with
respect to the particular federal plaintiffs.”
Doran
v.
Salem
Inn, Inc.
,
junction recognize that “the decree [that
Smyth
] affirmed did not reach
beyond the parties.” M. Sohoni, The Lost History of the “Universal” In-
junction, 133 Harv. L. Rev. 920, 939 (2020);
Smyth
,
Opinion of the Court
that a court cannot adjudicate directly upon a person’s right without having him either actually or constructively before it. This principle is fundamental”); Baude, 137 Harv. L. Rev., at 168 (noting the “party-specific understanding of what equitable remedies do”).
In fact, universal injunctions were not a feature of federal-
court litigation until sometime in the 20th century. See
Bray, Multiple Chancellors 448–452 (discussing various ra-
tionales for the birth of the universal injunction); see also
Application in No. 24A884, at 17–18. The D. C. Circuit is-
sued what some regard as the first universal injunction in
1963. See
Wirtz
v.
Baldor Elec. Co.
,
[7] There is some dispute about whether
Wirtz
was the first universal
injunction. Professor Mila Sohoni points to other possible 20th-century
examples, including
West Virginia Bd. of Ed.
v.
Barnette
,
Opinion of the Court
See District Court Reform: Nationwide Injunctions, 137 Harv. L. Rev. 1701, 1705 (2024). Ninety-six of them—over three quarters—were issued during the administrations of President George W. Bush, President Obama, President Trump, and President Biden. Ibid .
The bottom line? The universal injunction was conspicu-
ously nonexistent for most of our Nation’s history. Its ab-
sence from 18th- and 19th-century equity practice settles
the question of judicial authority.
[8]
See
Grupo Mexicano
,
Faced with this timeline, the principal dissent accuses us
of “misunderstand[ing] the nature of equity” as being
“fr[ozen] in amber . . . at the time of the Judiciary Act.”
Post
, at 29 (opinion of S OTOMAYOR , J.). Not so. We said it
before, see
supra
, at 5, and say it again: “[E]quity is flexi-
ble.”
Grupo Mexicano
,
[8] The principal dissent faults us for failing to identify a single founding-
era case in which this Court held that universal injunctions exceed a fed-
eral court’s equitable authority. See
post
, at 29 (opinion of S ,
J.). But this absence only bolsters our case. That this Court had no oc-
casion to reject the universal injunction as inconsistent with traditional
equity practice merely demonstrates that no party even bothered to ask
for such a sweeping remedy—because no court would have entertained
the request. Cf.
Grupo Mexicano
,
Opinion of the Court
traditional equitable relief.” [9] Ibid . A modern device need not have an exact historical match, but under Grupo Mexi- cano , it must have a founding-era antecedent. And neither the universal injunction nor a sufficiently comparable pre- decessor was available from a court of equity at the time of our country’s inception. See id ., at 333. Because the uni- versal injunction lacks a historical pedigree, it falls outside the bounds of a federal court’s equitable authority under the Judiciary Act. [10] See id ., at 318–319.
B
Respondents raise several counterarguments, which the principal dissent echoes. First, they insist that the univer- sal injunction has a sufficient historical analogue: a decree resulting from a bill of peace. Second, they maintain that ——————
[9] Notwithstanding
Grupo Mexicano
, the principal dissent invokes
Ex
parte Young
, 209 U. S. 123 (1908), as support for the proposition that
equity can encompass remedies that have “no analogue in the relief ex-
ercised in the English Court of Chancery,” because
Ex parte Young
per-
mits plaintiffs to “obtain plaintiff-protective injunctions against Govern-
ment officials,” and the English Court of Chancery “could not enjoin the
Crown or English officers,”
post
, at 30 (opinion of S , J.). But
contrary to the principal dissent’s suggestion,
Ex parte Young
does not
say—either explicitly or implicitly—that courts may devise novel reme-
dies that have no background in traditional equitable practice. Histori-
cally, a court of equity could issue an antisuit injunction to prevent an
officer from engaging in tortious conduct.
Ex parte Young
justifies its
holding by reference to a long line of cases authorizing suits against state
officials in certain circumstances. See
[10] Nothing we say today resolves the distinct question whether the Ad- ministrative Procedure Act authorizes federal courts to vacate federal agency action. See 5 U. S. C. §706(2) (authorizing courts to “hold unlaw- ful and set aside agency action”).
12
Opinion of the Court
universal injunctions are consistent with the principle that a court of equity may fashion complete relief for the parties. Third, they argue that universal injunctions serve im- portant policy objectives.
In an effort to satisfy Grupo Mexicano ’s historical test, respondents claim that universal injunctive relief does have a founding-era forebear: the decree obtained on a “bill of peace,” which was a form of group litigation permitted in English courts. See Opposition to Application in No. 24A884 ( CASA ), pp. 30–31; see also Brief for Professor Mila Sohoni as Amica Curiae 6–8. This bill allowed the Chan- cellor to consolidate multiple suits that involved a “common claim the plaintiff could have against multiple defendants” or “some kind of common claim that multiple plaintiffs could have against a single defendant.” Bray, Multiple Chancellors 426; see How v. Tenants of Bromsgrove , 1 Vern. 22, 23 Eng. Rep. 277 (1681) (suit by a lord against his ten- ants collectively); Brown v. Vermuden , 1 Ch. Ca. 283, 22 Eng. Rep. 802 (1676), and Brown v. Vermuden , 1 Ch. Ca. 272, 22 Eng. Rep. 796 (1676) (suit by a parson against lead miners in a parish, who named four of their members to de- fend the suit in a representative capacity). Universal in- junctions are analogous to this traditional equitable device, respondents say, so federal courts have authority under the Judiciary Act to issue them.
The analogy does not work. True, “bills of peace allowed [courts of equity] to adjudicate the rights of members of dis- persed groups without formally joining them to a lawsuit through the usual procedures.” Arizona v. Biden , 40 F. 4th 375, 397 (CA6 2022) (Sutton, C. J., concurring); see Story §§120–135 (discussing representative suits). Even so, their use was confined to limited circumstances. See 7A C. Wright, A. Miller, & M. Kane, Federal Practice and Proce- dure §1751, p. 10, and n. 4 (4th ed. 2021) (citing Adair v.
Opinion of the Court
New River Co ., 11 Ves. 429, 32 Eng. Rep. 1154 (Ch. 1803)). Unlike universal injunctions, which reach anyone affected by legislative or executive action—no matter how large the group or how tangential the effect—a bill of peace involved a “group [that] was small and cohesive,” and the suit did not “resolve a question of legal interpretation for the entire realm.” Bray, Multiple Chancellors 426. And unlike uni- versal injunctions, which bind only the parties to the suit, decrees obtained on a bill of peace “would bind all members of the group, whether they were present in the action or not.” 7A Wright, Federal Practice and Procedure §1751, at 10; see Smith v. Swormstedt , 16 How. 288, 303 (1854) (When “a court of equity permits a portion of the parties in interest to represent the entire body . . . the decree binds all of them the same as if all were before the court”); see also Story §120 (“[I]n most, if not in all, cases of this sort, the decree obtained upon such a Bill will ordinarily be held binding upon all other persons standing in the same predic- ament”). As Chief Judge Sutton aptly put it, “[t]he domes- ticated animal known as a bill of peace looks nothing like the dragon of nationwide injunctions.” Arizona , 40 F. 4th, at 397 (concurring opinion).
The bill of peace lives in modern form, but not as the uni-
versal injunction. It evolved into the modern class action,
which is governed in federal court by Rule 23 of the Federal
Rules of Civil Procedure. 7A Wright, Federal Practice and
Procedure §1751, at 10 (“It was the English bill of peace
that developed into what is now known as the class action”);
see
Hansberry
v.
Lee
,
Opinion of the Court
who adequately protect the interests of the class. Fed. Rule Civ. Proc. 23(a). The requirements for a bill of peace were virtually identical. See 7A Wright, Federal Practice and Procedure §1751, at 10, and n. 4 (citing Adair , 11 Ves. 429, 32 Eng. Rep. 1154). None of these requirements is a pre- requisite for a universal injunction.
Rule 23’s limits on class actions underscore a significant
problem with universal injunctions. A “ ‘properly conducted
class action,’ ” we have said, “can come about in federal
courts in just one way—through the procedure set out in
Rule 23.”
Smith
v.
Bayer Corp.
,
The taxpayer suit is a similarly inadequate historical analogy. Contra, post , at 24–25. In a successful taxpayer suit, a court would enjoin the collection of an unlawful tax against “taxpayers joined as co-plaintiffs, or by one tax- payer suing on behalf of himself and all others similarly sit- uated.” 1 Pomeroy, Equity Jurisprudence §260, at 277. To be sure, some state courts would occasionally “enjoin the *21 15
Opinion of the Court
enforcement and collection” of taxes against an “entire com- munity,” even when a “single taxpayer su[ed] on his own account.” Id ., at 277–278. But the practice of extending relief “with respect to any taxpayer” was not adopted by state courts until the mid-19th century, and even then, not all states were willing to provide such sweeping relief. See Bray, Multiple Chancellors 427. This post-founding prac- tice of some state courts thus sheds minimal light on federal courts’ equitable authority under the Judiciary Act. What is more, in Frothingham , we refused to allow a single tax- payer to challenge a federal appropriations act. 262 U. S., at 486–487. That counsels against placing much, if any, re- liance on taxpayer suits as justification for the modern uni- versal injunction.
2
Respondents contend that universal injunctions—or at least these universal injunctions—are consistent with the principle that a court of equity may fashion a remedy that awards complete relief. See Opposition to Application in No. 24A884 ( CASA ), at 22–25; Opposition to Application in No. 24A885 ( Washington ), pp. 28–32; Opposition to Appli- cation in No. 24A886 ( New Jersey ), pp. 31–39. We agree that the complete-relief principle has deep roots in equity. But to the extent respondents argue that it justifies the award of relief to nonparties, they are mistaken. ——————
[11] J USTICE J ACKSON , for her part, thinks the “premise” that universal
injunctions provide relief to nonparties is “suspect” because, in her view,
“[n]onparties may
benefit
from an injunction, but only the plaintiff gets
relief
.”
Post
, at 8–9, n. 2 (dissenting opinion). The availability of con-
tempt proceedings suggests otherwise. Consider the civil contempt con-
text. Under “traditional principles of equity practice,” courts may “im-
pos[e] civil contempt sanctions to ‘coerce [a] defendant into compliance’
with an injunction.”
Taggart
v.
Lorenzen
, 587 U. S. 554, 560 (2019)
(quoting
United States
v.
Mine Workers
,
Opinion of the Court
“Complete relief ” is not synonymous with “universal re-
lief.” It is a narrower concept: The equitable tradition has
long embraced the rule that courts generally “may admin-
ister complete relief
between the parties
.”
Kinney-Coastal
Oil Co.
v.
Kieffer
, 277 U. S. 488, 507 (1928) (emphasis
added). While party-specific injunctions sometimes “ad-
vantag[e] nonparties,”
Trump
,
Consider an archetypal case: a nuisance in which one
neighbor sues another for blasting loud music at all hours
of the night. To afford the plaintiff complete relief, the court
has only one feasible option: order the defendant to turn her
music down—or better yet, off. That order will necessarily
benefit the defendant’s surrounding neighbors too; there is
no way “to peel off just the portion of the nuisance that
harmed the plaintiff.”
Rodgers
,
444–445 (1911). But a federal court’s “power in civil contempt proceed-
ings is determined by the requirements of full remedial relief ” to “effect
compliance with its decree.”
McComb
v.
Jacksonville Paper Co.
, 336
U. S. 187, 193–194 (1949). And “[w]hen an order grants relief for a non-
party,” as is the case with universal injunctions,“the procedure for en-
forcing the order is the same as for a party.” Fed. Rule Civ. Proc. 71; see,
e
.
g
.,
Zamecnik
v.
Indiana Prairie School Dist. No. 204
,
[12] There may be other injuries for which it is all but impossible for *23 17
Opinion of the Court
tion’s protection extends only to the suing plaintiff—as evi- denced by the fact that only the plaintiff can enforce the judgment against the defendant responsible for the nui- sance. If the nuisance persists, and another neighbor wants to shut it down, she must file her own suit.
The individual and associational respondents are there-
fore wrong to characterize the universal injunction as
simply an application of the complete-relief principle. Un-
der this principle, the question is not whether an injunction
offers complete relief to
everyone
potentially affected by an
allegedly unlawful act; it is whether an injunction will offer
complete relief
to the plaintiffs before the court
. See
Cali-
fano
v.
Yamasaki
,
The complete-relief inquiry is more complicated for the state respondents, because the relevant injunction does not purport to directly benefit nonparties. Instead, the District Court for the District of Massachusetts decided that a uni- ——————
courts to craft relief that is complete
and
benefits only the named plain-
tiffs. See,
e.g.
,
Shaw
v.
Hunt
,
[13] The new plaintiff might be able to assert nonmutual offensive issue
preclusion. See
Parklane Hosiery Co.
v.
Shore
,
18
Opinion of the Court
versal injunction was necessary to provide the States
them-
selves
with complete relief. See
As the States see it, their harms—financial injuries and the administrative burdens flowing from citizen-dependent benefits programs—cannot be remedied without a blanket ban on the enforcement of the Executive Order. See, e . g ., id ., at 9–11. Children often move across state lines or are born outside their parents’ State of residence. Id ., at 31, 35. Given the cross-border flow, the States say, a “patchwork injunction” would prove unworkable, because it would re- quire them to track and verify the immigration status of the parents of every child, along with the birth State of every child for whom they provide certain federally funded bene- fits. Ibid .
The Government—unsurprisingly—sees matters differ- ently. It retorts that even if the injunction is designed to benefit only the States, it is “more burdensome than neces- sary to redress” their asserted harms. Califano , 442 U. S., at 702. After all, to say that a court can award complete relief is not to say that it should do so. Complete relief is not a guarantee—it is the maximum a court can provide. And in equity, “the broader and deeper the remedy the plaintiff wants, the stronger the plaintiff ’s story needs to be.” S. Bray & P. Miller, Getting into Equity, 97 Notre Dame L. Rev. 1763, 1797 (2022). In short, “[t]he essence of equity jurisdiction has been the power of the Chancellor to do equity and to mould each decree to the necessities of the particular case.” Hecht Co. v. Bowles , 321 U. S. 321, 329 ——————
[14] The District Court for the Western District of Washington acknowl- edged the state respondents’ complete-relief argument but primarily granted a universal injunction on the basis that the “extreme nature of the equities . . . alone warrant[ed] nationwide relief.” 765 F. Supp. 3d 1142, 1153 (2025). *25 19
Opinion of the Court
(1944).
Leaning on these principles, the Government contends that narrower relief is appropriate. For instance, the Dis- trict Court could forbid the Government to apply the Exec- utive Order within the respondent States, including to chil- dren born elsewhere but living in those States. Application in No. 24A884, at 23. Or, the Government says, the District Court could direct the Government to “treat covered chil- dren as eligible for purposes of federally funded welfare benefits.” Ibid . It asks us to stay the injunction insofar as it sweeps too broadly.
We decline to take up these arguments in the first in- stance. The lower courts should determine whether a nar- rower injunction is appropriate; we therefore leave it to them to consider these and any related arguments.
Respondents also defend universal injunctions as a mat- ter of policy. They argue that a universal injunction is sometimes the only practical way to quickly protect groups from unlawful government action. See Opposition to Appli- cation in No. 24A884 ( CASA ), at 26–27; see also A. Frost, In Defense of Nationwide Injunctions, 93 N. Y. U. L. Rev. 1065, 1090–1094 (2018) (suggesting that universal injunc- tions are appropriate when not all interested individuals can come quickly to court); post , at 37–39 (S OTOMAYOR , J., dissenting). Respondents also contend that universal in- junctions are an appropriate remedy to preserve equal treatment among individuals when the Executive Branch adopts a facially unlawful policy. Opposition to Application in No. 24A884 ( CASA ), at 25–27; cf. post , at 22 (S , J., dissenting). And they suggest that forcing plaintiffs to proceed on an individual basis can result in con- fusion or piecemeal litigation that imposes unnecessary costs on courts and others. See Opposition to Application in No. 24A885 ( Washington ), at 31–32; Frost, 93 N. Y. U.
Opinion of the Court
L. Rev., at 1098–1101; see also post , at 31 (S OTOMAYOR , J., dissenting). So, they insist, universal injunctions must be permitted for the good of the system.
The Government advances policy arguments running the
other way. Echoing Chief Judge Sutton, the Government
asserts that avoiding a patchwork enforcement system is a
justification that “lacks a limiting principle and would
make nationwide injunctions the rule rather than the ex-
ception” for challenges to many kinds of federal law.
Ari-
zona
,
[15] The Government contrasts this with class actions. A judgment in a Rule 23 class action (favorable or not) binds the whole class—so if the defendant wins, it is protected from future suits. But because an adverse ruling on a request for universal relief lacks this preclusive effect, plain- tiffs can continue to file in different forums until they find a court willing to award such relief. *27 21
Opinion of the Court
appeals will then seek a stay from this Court. See Applica- tion in No. 24A884, at 20. This process forces courts to re- solve significant and difficult questions of law on a highly expedited basis and without full briefing. See ibid .
The upshot: As with most disputed issues, there are ar- guments on both sides. But as with most questions of law, the policy pros and cons are beside the point. Under our well-established precedent, the equitable relief available in the federal courts is that “traditionally accorded by courts of equity” at the time of our founding. Grupo Mexicano , 527 U. S., at 319. Nothing like a universal injunction was avail- able at the founding, or for that matter, for more than a century thereafter. Thus, under the Judiciary Act, federal courts lack authority to issue them.
C
The principal dissent focuses on conventional legal ter- rain, like the Judiciary Act of 1789 and our cases on equity. J USTICE J ACKSON , however, chooses a startling line of at- tack that is tethered neither to these sources nor, frankly, to any doctrine whatsoever. Waving away attention to the limits on judicial power as a “mind-numbingly technical query,” post , at 3 (dissenting opinion), she offers a vision of ——————
[16] Acknowledging these problems, the principal dissent admits that
“[t]here may be good reasons not to issue universal injunctions in the
typical case.”
Post
, at 23 (opinion of S , J.). This concession,
while welcome, is inconsistent with the position that the universal in-
junction is a “nothing to see here” extension of the kind of decree obtained
on a bill of peace. Neither the principal dissent nor respondents have
pointed to any evidence that such decrees presented any of the universal
injunction’s systemic problems or that they were reserved for situations
in which the defendant’s conduct was “patently unconstitutional” and
risked “exceptional” harm.
Post
, at 22–23. It is precisely because the
universal injunction is a new, potent remedy that it poses new, potent
risks. Our observation in
Grupo Mexicano
rings true here: “Even when
sitting as a court in equity, we have no authority to craft a ‘nuclear
weapon’ of the law.”
Opinion of the Court
the judicial role that would make even the most ardent de- fender of judicial supremacy blush. In her telling, the fun- damental role of courts is to “order everyone (including the Executive) to follow the law—full stop.” Post , at 2; see also post , at 10 (“[T]he function of the courts—both in theory and in practice—necessarily includes announcing what the law requires in . . . suits for the benefit of all who are protected by the Constitution, not merely doling out relief to injured private parties”); see also post , at 11, n. 3, 15. And, she warns, if courts lack the power to “require the Executive to adhere to law universally,” post , at 15, courts will leave a “gash in the basic tenets of our founding charter that could turn out to be a mortal wound,” post , at 12.
Rhetoric aside, J USTICE J ACKSON ’s position is difficult to
pin down. She might be arguing that universal injunctions
are appropriate—even required—whenever the defendant
is part of the Executive Branch. See,
e
.
g
.,
post
, at 3, 10–12,
16–18. If so, her position goes far beyond the mainstream
defense of universal injunctions. See,
e
.
g
., Frost, 93
N. Y. U. L. Rev., at 1069 (“Nationwide injunctions come
with significant costs and should never be the default rem-
edy in cases challenging federal executive action”). As best
we can tell, though, her argument is more extreme still, be-
cause its logic does not depend on the entry of a universal
injunction: J USTICE J ACKSON appears to believe that the
reasoning behind
any
court order demands “universal ad-
herence,” at least where the Executive is concerned.
Post
,
at 2 (dissenting opinion). In her law-declaring vision of the
judicial function, a district court’s opinion is not just per-
suasive, but has the legal force of a judgment. But see
Haa-
land
v.
Brackeen
,
Opinion of the Court
law against anyone, anywhere.
We will not dwell on J USTICE J ACKSON ’s argument, which is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself. We observe only this: J USTICE J ACKSON decries an imperial Executive while em- bracing an imperial Judiciary.
No one disputes that the Executive has a duty to follow
the law. But the Judiciary does not have unbridled author-
ity to enforce this obligation—in fact, sometimes the law
prohibits the Judiciary from doing so. See,
e.g.
,
Marbury
v.
Madison
,
J USTICE J ACKSON skips over that part. Because analyz- ing the governing statute involves boring “legalese,” post , at 3, she seeks to answer “a far more basic question of enor- mous practical significance: May a federal court in the ——————
[17] Think about what this position means. If a judge in the District of
Alaska holds that a criminal statute is unconstitutional, can the United
States prosecute a defendant under that statute in the District of Mary-
land? Perhaps J USTICE J ACKSON would instinctively say yes; it is hard to
imagine anyone saying no. But why, on J USTICE J ACKSON ’s logic, does it
not violate the rule of law for the Executive to initiate a prosecution else-
where? See
post
, at 2 (dissenting opinion). Among its many problems,
J USTICE J ACKSON ’s view is at odds with our system of divided judicial au-
thority. See,
e.g.
, this Court’s Rule 10(a) (identifying conflict in the deci-
sions of the courts of appeals as grounds for granting certiorari). It is
also in considerable tension with the reality that district court opinions
lack precedential force even vis-à-vis other judges in the same judicial
district. See
Camreta
v.
Greene
,
Opinion of the Court
United States of America order the Executive to follow the law?” Ibid. In other words, it is unnecessary to consider whether Congress has constrained the Judiciary; what mat- ters is how the Judiciary may constrain the Executive. J USTICE J ACKSON would do well to heed her own admoni- tion: “[E]veryone, from the President on down, is bound by law.” Ibid . That goes for judges too.
IV
Finally, the Government must show a likelihood that it will suffer irreparable harm absent a stay. Nken , 556 U. S., at 434–435. When a federal court enters a universal injunc- tion against the Government, it “improper[ly] intru[des]” on “a coordinate branch of the Government” and prevents the Government from enforcing its policies against nonparties. INS v. Legalization Assistance Project of Los Angeles County Federation of Labor , 510 U. S. 1301, 1306 (1993) (O’Connor, J., in chambers). That is enough to justify in- terim relief.
The principal dissent disagrees, insisting that “it strains credulity to treat the Executive Branch as irreparably harmed” by these injunctions, even if they are overly broad. Post , at 17 (opinion of S OTOMAYOR , J.); see also Opposition to Application in No. 24A884 ( CASA ), at 16–20. That is so, the principal dissent argues, because the Executive Order is unconstitutional. Thus, “the Executive Branch has no right to enforce [it] against anyone.” Post , at 15. The principal dissent’s analysis of the Executive Order is premature because the birthright citizenship issue is not before us. [18] And because the birthright citizenship issue is ——————
[18] The dissent worries that the Citizenship Clause challenge will never reach this Court, because if the plaintiffs continue to prevail, they will have no reason to petition for certiorari. And if the Government keeps losing, it will “ha[ve] no incentive to file a petition here . . . because the outcome of such an appeal would be preordained.” Post , at 42 (opinion of , J.). But at oral argument, the Solicitor General acknowl- edged that challenges to the Executive Order are pending in multiple
Opinion of the Court
not before us, we take no position on whether the dissent’s
analysis is right. The dissent is wrong to say, however, that
a stay applicant cannot demonstrate irreparable harm from
a threshold error without also showing that, at the end of
the day, it will prevail on the underlying merits. That is
not how the
Nken
factors work. See
The question before us is whether the Government is
likely to suffer irreparable harm from the District Courts’
entry of injunctions that likely exceed the authority con-
ferred by the Judiciary Act. The answer to that question is
yes. See
Coleman
v.
Paccar Inc
.,
circuits, Tr. of Oral Arg. 50, and when asked directly “When you lose one of those, do you intend to seek cert?”, the Solicitor General responded, “yes, absolutely.” Ibid . And while the dissent speculates that the Gov- ernment would disregard an unfavorable opinion from this Court, the Solicitor General represented that the Government will respect both the judgments and the opinions of this Court. See id ., at 62–63.
Opinion of the Court
the balance of equities does not counsel against awarding the Government interim relief: Partial stays will cause no harm to respondents because they will remain protected by the preliminary injunctions to the extent necessary and ap- propriate to afford them complete relief.
* * *
Some say that the universal injunction “give[s] the Judi-
ciary a powerful tool to check the Executive Branch.”
Trump
,
The Government’s applications to partially stay the pre- liminary injunctions are granted, but only to the extent that the injunctions are broader than necessary to provide com- plete relief to each plaintiff with standing to sue. The lower courts shall move expeditiously to ensure that, with respect to each plaintiff, the injunctions comport with this rule and otherwise comply with principles of equity. The injunctions are also stayed to the extent that they prohibit executive agencies from developing and issuing public guidance about the Executive’s plans to implement the Executive Order. Consistent with the Solicitor General’s representation, §2 of the Executive Order shall not take effect until 30 days after the date of this opinion. See Tr. of Oral Arg. 55.
It is so ordered.
T HOMAS , J., concurring
SUPREME COURT OF THE UNITED STATES
_________________ No. 24A884 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . v. CASA, INC., ET AL . ON APPLICATION FOR PARTIAL STAY _________________ No. 24A885 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . v. WASHINGTON, ET AL . ON APPLICATION FOR PARTIAL STAY _________________ No. 24A886 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . NEW JERSEY, ET AL . ON APPLICATION FOR PARTIAL STAY
[June 27, 2025]
J USTICE T HOMAS , with whom J USTICE G ORSUCH joins, concurring.
The Court today holds that federal courts may not issue so-called universal injunctions. I agree and join in full. As the Court explains, the Judiciary Act of 1789—the statute that “ ‘authorizes the federal courts to issue equitable rem- edies’ ”—does not permit universal injunctions. Ante, at 5. It authorizes only those remedies traditionally available in equity, and there is no historical tradition allowing courts to provide “relief that extend[s] beyond the parties.” Ante, at 5–11. That conclusion is dispositive: As I have previously explained, “[i]f district courts have any authority to issue
T HOMAS , J., concurring
universal injunctions,” it must come from some specific statutory or constitutional grant. Trump v. Hawaii , 585 U. S. 667, 713–714 (2018) (concurring opinion). But, the Judiciary Act is the only real possibility, and serious consti- tutional questions would arise even if Congress purported to one day allow universal injunctions. See id ., at 714, n. 2; see also United States v. Texas , 599 U. S. 670, 693–694 (2023) (G ORSUCH , J., concurring in judgment).
I write separately to emphasize the majority’s guidance regarding how courts should tailor remedies specific to the parties. Courts must not distort “the rule that injunctive relief should be no more burdensome to the defendant than necessary to provide complete relief to the plaintiffs.” Cali- fano v. Yamasaki , 442 U. S. 682, 702 (1979). Otherwise, they risk replicating the problems of universal injunctions under the guise of granting complete relief.
As the Court recognizes, the complete-relief principle op-
erates as a ceiling: In no circumstance can a court award
relief beyond that necessary to redress the plaintiffs’ inju-
ries. See
ante,
at 18 (“Complete relief is not a guarantee—
it is the maximum a court can provide”). This limitation
follows from both Article III and traditional equitable prac-
tice. Because Article III limits courts to resolving specific
“Cases” and “Controversies,” see U. S. Const., Art. III, §2, it
requires that any remedy “be tailored to redress the plain-
tiff ’s particular injury.”
Gill
v.
Whitford
,
Courts therefore err insofar as they treat complete relief as a mandate. Some judges have read our precedents to suggest that courts should provide plaintiffs whatever rem- edy is necessary to give them complete relief. See, e . g .,
T HOMAS , J., concurring
Mock
v.
Garland
,
This principle reflects the equitable “rule that courts gen- erally ‘may administer complete relief between the par- ties.’ ” Ante, at 16 (emphasis deleted). It is an important “aim of the law of remedies . . . to put the plaintiff in her rightful position.” S. Bray, Multiple Chancellors: Reform- ing the National Injunction, 131 Harv. L. Rev. 417, 466 (2017) (Bray). But, “to say that a court can award complete relief is not to say that it should do so.” Ante, at 18. And, in some circumstances, a court cannot award complete re- lief.
As the Court today affirms, any relief must fall within
traditional limits on a court’s equitable powers. See
ante,
at 5–6 (citing
Grupo Mexicano de Desarrollo, S. A.
v.
Alli-
ance Bond Fund, Inc.
,
This Court’s decision in
Frothingham
v.
Mellon
, decided
with
Massachusetts
v.
Mellon
,
T HOMAS , J., concurring
grounds that the Act exceeded the Government’s authority and that its execution would improperly increase her tax burden. Id ., at 479, 486. On a maximalist view of the com- plete-relief principle, Frothingham would have been enti- tled to a national injunction had her claim been meritori- ous. After all, “a prohibition on using her tax money for the [statute] would have been wholly ineffectual” in remedying the injury caused by unlawful federal spending, given “the fungibility of money”: The Government would still have been free to execute the statute, so long as it labeled the underlying funds as coming from other taxpayers. Bray 431. A court thus would have needed to enjoin all spending under the statute to provide effective relief. But, this Court rejected Frothingham’s request for such an injunction as beyond “the preventive powers of a court of equity.” 262 U. S., at 487. Among other reasons, it emphasized that an individual taxpayer’s “interest in the moneys of the Treas- ury” was “comparatively minute and indeterminable,” and that the petitioner had not suffered any “direct injury” but rather was “suffer[ing] in some indefinite way in common with people generally.” Id ., at 487–488.*
To be sure, “[w]hat counts as complete relief ” can be a
difficult question. Bray 467. Many plaintiffs argue that
only sweeping relief can redress their injuries. And, I do
not dispute that there will be cases requiring an “indivisible
remedy” that incidentally benefits third parties, Tr. of Oral
Arg., 14–15, such as “[i]njunctions barring public nui-
sances,”
Hawaii
,
An indivisible remedy is appropriate only when it would be “all but impossible” to devise relief that reaches only the plaintiffs. Ante, at 16–17, n. 12. Such impossibility is a ——————
*Although courts now treat Frothingham primarily as a case about taxpayer standing, its analysis in fact “intertwine[d] concepts of equity, remedies, and the judicial power.” Bray 430–433; see ante, at 8.
T HOMAS , J., concurring
high bar. For example, the Court today readily dispatches with the individual and associational respondents’ position that they require a universal injunction, notwithstanding their argument that a “plaintiff-specific injunction” would be difficult to administer and would subject the associa- tions’ members to the burden of having “to identify and dis- close to the government” their membership. Tr. of Oral Arg. 141–142. As the Court recognizes, “prohibiting enforce- ment of the Executive Order against the child of an individ- ual pregnant plaintiff ” is all that is required to “give that plaintiff complete relief.” Ante, at 17. Courts may not use the complete-relief principle to revive the universal injunc- tion.
* * *
For good reason, the Court today puts an end to the “in-
creasingly common” practice of federal courts issuing uni-
versal injunctions.
Hawaii
,
A LITO , J., concurring
SUPREME COURT OF THE UNITED STATES
_________________ No. 24A884 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . v. CASA, INC., ET AL . ON APPLICATION FOR PARTIAL STAY _________________ No. 24A885 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . v. WASHINGTON, ET AL . ON APPLICATION FOR PARTIAL STAY _________________ No. 24A886 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . NEW JERSEY, ET AL . ON APPLICATION FOR PARTIAL STAY
[June 27, 2025]
J USTICE A LITO , with whom J USTICE T HOMAS joins, con- curring.
I join the opinion of the Court but write separately to note two related issues that are left unresolved and potentially threaten the practical significance of today’s decision: the availability of third-party standing and class certification.
First, the Court does not address the weighty issue whether the state plaintiffs have third-party standing to as- sert the Citizenship Clause claims of their individual resi- dents. See ante , at 2, n. 2; see also ante , at 26 (“The Gov- ernment’s applications to partially stay the preliminary
A LITO , J., concurring
injunctions are granted, but only to the extent that the in-
junctions are broader than necessary to provide complete
relief to each plaintiff
with standing to sue
” (emphasis
added)). Ordinarily, “a litigant must assert his or her own
legal rights and interests, and cannot rest a claim to relief
on the legal rights or interests of third parties.”
Powers
v.
Ohio
,
But at a minimum, we have said that a litigant seeking
to assert the legal rights or interests of others must demon-
strate ordinary Article III standing for itself
and
answer
the additional “threshold question whether [it has] stand-
ing to raise the rights of others.”
Kowalski
v.
Tesmer
, 543
U. S. 125, 129 (2004). But see
FDA
v.
Alliance for Hippo-
cratic Medicine
,
A LITO , J., concurring
Today’s decision only underscores the need for rigorous and evenhanded enforcement of third-party-standing limi- tations. The Court holds today that injunctive relief should generally extend only to the suing plaintiff. See ante , at 16– 17. That will have the salutary effect of bringing an end to the practice of runaway “universal” injunctions, but it leaves other questions unanswered. Perhaps most im- portant, when a State brings a suit to vindicate the rights of individual residents and then procures injunctive relief, does the injunction bind the defendant with respect to all residents of that State? If so, States will have every incen- tive to bring third-party suits on behalf of their residents to obtain a broader scope of equitable relief than any individ- ual resident could procure in his own suit. Left unchecked, the practice of reflexive state third-party standing will un- dermine today’s decision as a practical matter.
Second, today’s decision will have very little value if dis-
trict courts award relief to broadly defined classes without
following “Rule 23’s procedural protections” for class certi-
fication.
Ante
, at 14. The class action is a powerful tool,
and we have accordingly held that class “certification is
proper only if the trial court is satisfied, after a rigorous
analysis, that the prerequisites of Rule 23(a) have been sat-
isfied.”
Wal-Mart Stores, Inc.
v.
Dukes
,
Putting the kibosh on universal injunctions does nothing to disrupt Rule 23’s requirements. Of course, Rule 23 may
A LITO , J., concurring
permit the certification of nationwide classes in some dis- crete scenarios. But district courts should not view today’s decision as an invitation to certify nationwide classes with- out scrupulous adherence to the rigors of Rule 23. Other- wise, the universal injunction will return from the grave under the guise of “nationwide class relief,” and today’s de- cision will be of little more than minor academic interest.
* * *
Lax enforcement of the requirements for third-party standing and class certification would create a potentially significant loophole to today’s decision. Federal courts should thus be vigilant against such potential abuses of these tools. I do not understand the Court’s decision to re- flect any disagreement with these concerns, so I join its de- cision in full.
K AVANAUGH , J., concurring
SUPREME COURT OF THE UNITED STATES
_________________ No. 24A884 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . v. CASA, INC., ET AL . ON APPLICATION FOR PARTIAL STAY _________________ No. 24A885 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . v. WASHINGTON, ET AL . ON APPLICATION FOR PARTIAL STAY _________________ No. 24A886 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . NEW JERSEY, ET AL . ON APPLICATION FOR PARTIAL STAY
[June 27, 2025]
J USTICE K AVANAUGH , concurring.
The plaintiffs here sought preliminary injunctions against enforcement of the President’s Executive Order on birthright citizenship. The District Courts granted universal preliminary injunctions—that is, injunctions prohibiting enforcement of the Executive Order against anyone. Under the Court’s holding today, district courts issuing injunctions under the authority afforded by the Judiciary Act of 1789 may award only plaintiff-specific relief. I join the Court’s careful and persuasive opinion, which will bring needed clarity to the law of remedies.
To be sure, in the wake of the Court’s decision, plaintiffs *43 2
K AVANAUGH , J., concurring
who challenge the legality of a new federal statute or executive action and request preliminary injunctive relief may sometimes seek to proceed by class action under Federal Rule of Civil Procedure 23(b)(2) and ask a court to award preliminary classwide relief that may, for example, be statewide, regionwide, or even nationwide. See ante , at 13–14; A. A. R. P. v. Trump , 605 U. S. ___, ___ (2025) ( per curiam ) (slip op., at 7); Califano v. Yamasaki , 442 U. S. 682, 701–703 (1979). And in cases under the Administrative Procedure Act, plaintiffs may ask a court to preliminarily “set aside” a new agency rule. 5 U. S. C. §706(2); see, e . g ., West Virginia v. EPA , 577 U. S. 1126 (2016); see also Corner Post, Inc. v. Board of Governors , 603 U. S. 799, 826–843 (2024) (K AVANAUGH , J., concurring).
But importantly, today’s decision will require district courts to follow proper legal procedures when awarding such relief. Most significantly, district courts can no longer award preliminary nationwide or classwide relief except when such relief is legally authorized. And that salutary development will help bring substantially more order and discipline to the ubiquitous preliminary litigation over new federal statutes and executive actions.
I write separately simply to underscore that this case focuses on only one discrete aspect of the preliminary litigation relating to major new federal statutes and executive actions—namely, what district courts may do with respect to those new statutes and executive actions in what might be called “the interim before the interim.” Although district courts have received much of the attention (and criticism) in debates over the universal- injunction issue, those courts generally do not have the last word when they grant or deny preliminary injunctions. The ——————
[1] In addition, as the Court notes, an injunction granting complete relief to plaintiffs may also, as a practical matter, benefit nonparties. Ante , at 15–19.
K AVANAUGH , J., concurring
courts of appeals and this Court can (and regularly do)
expeditiously review district court decisions awarding or
denying preliminary injunctive relief. The losing party in
the district court—the defendant against whom an
injunction is granted, or the plaintiff who is denied an
injunction—will often go to the court of appeals to seek a
temporary stay or injunction. And then the losing party in
the court of appeals may promptly come to this Court with
an application for a stay or injunction. This Court has
therefore often acted as the ultimate decider of the interim
legal status of major new federal statutes and executive
actions. See,
e
.
g
.,
Ohio
v.
EPA
,
After today’s decision, that order of operations will not change. In justiciable cases, this Court, not the district courts or courts of appeals, will often still be the ultimate decisionmaker as to the interim legal status of major new federal statutes and executive actions—that is, the interim legal status for the several-year period before a final decision on the merits.
I
The Court’s decision today focuses on the “interim before the interim”—the preliminary relief that district courts can award (and courts of appeals can approve) for the generally weeks-long interim before this Court can assess and settle the matter for the often years-long interim before a final decision on the merits. To appreciate the broader context surrounding today’s decision, it is important to understand *45 v.
K AVANAUGH , J., concurring
this Court’s role in preliminary litigation of this sort.
The basic scenario in these kinds of applications to this Court is by now familiar. Congress passes a major new statute, or the Executive Branch issues a major new rule or executive order. The litigation over the legality of the new statute or executive action winds its way through the federal courts. And that litigation may meander on for many months or often years before this Court can issue a final ruling deciding the legality of the new statute or executive action.
In the meantime, various plaintiffs may seek preliminary injunctions, sometimes in many different district courts. And a government defendant against whom a preliminary injunction is granted (or a plaintiff who is denied a preliminary injunction) may seek a temporary stay or injunction in the court of appeals and then in this Court.
That preliminary-injunction litigation—which typically takes place at a rapid-fire pace long before the merits litigation culminates several years down the road—raises a question: What should the interim legal status of the significant new federal statute or executive action at issue be during the several-year period before this Court’s final ruling on the merits?
That interim-status question is itself immensely
important. The issue of whether a major new federal
statute or executive action “is enforceable during the
several years while the parties wait for a final merits ruling
. . . raises a separate question of extraordinary significance
to the parties and the American people.”
Labrador Poe
,
The interim-status issue in turn raises two other critical questions: Should there be a nationally uniform answer on the question of whether a major new federal statute or executive action can be legally enforced in the often years- long interim period until this Court reaches a final decision
K AVANAUGH , J., concurring
on the merits? If so, who decides what the nationally uniform interim answer is?
First , in my view, there often (perhaps not always, but often) should be a nationally uniform answer on whether a major new federal statute, rule, or executive order can be enforced throughout the United States during the several- year interim period until its legality is finally decided on the merits.
Consider just a few of the major executive actions that have been the subject of intense preliminary-injunction or other pre-enforcement litigation in the past 10 years or so, under Presidents of both political parties. They range from travel bans to birthright citizenship, from the Clean Power Plan to student loan forgiveness, from the OSHA vaccine mandate to the service of transgender individuals in the military, from Title IX regulations to abortion drugs. And the list goes on. Those executive actions often are highly significant and have widespread effects on many individuals, businesses, governments, and other organizations throughout the United States.
Often, it is not especially workable or sustainable or desirable to have a patchwork scheme, potentially for several years, in which a major new federal statute or executive action of that kind applies to some people or organizations in certain States or regions, but not to others. The national reach of many businesses and government programs, as well as the regular movement of the American people into and out of different States and regions, would make it difficult to sensibly maintain such a scattershot system of federal law.
Second , if one agrees that the years-long interim status of a highly significant new federal statute or executive action should often be uniform throughout the United States, who decides what the interim status is?
The answer typically will be this Court, as has been the case both traditionally and recently. This Court’s actions *47 6
K AVANAUGH , J., concurring
in resolving applications for interim relief help provide clarity and uniformity as to the interim legal status of major new federal statutes, rules, and executive orders. In particular, the Court’s disposition of applications for interim relief often will effectively settle, de jure or de facto , the interim legal status of those statutes or executive actions nationwide.
The decision today will not alter this Court’s traditional role in those matters. Going forward, in the wake of a major new federal statute or executive action, different district courts may enter a slew of preliminary rulings on the legality of that statute or executive action. Or alternatively, perhaps a district court (or courts) will grant or deny the functional equivalent of a universal injunction—for example, by granting or denying a preliminary injunction to a putative nationwide class under Rule 23(b)(2), or by preliminarily setting aside or declining to set aside an agency rule under the APA.
No matter how the preliminary-injunction litigation on those kinds of significant matters transpires in the district courts, the courts of appeals in turn will undoubtedly be called upon to promptly grant or deny temporary stays or temporary injunctions in many cases.
And regardless of whether the district courts have issued a series of individual preliminary rulings, or instead have issued one or more broader classwide or set-aside preliminary rulings, the losing parties in the courts of appeals will regularly come to this Court in matters involving major new federal statutes and executive actions.
If there is no classwide or set-aside relief in those kinds of nationally significant matters, then one would expect a flood of decisions from lower courts, after which the losing ——————
[2] By statute, some litigation may start in a court of appeals or three- judge district court and then come directly to this Court. *48 7
K AVANAUGH , J., concurring
parties on both sides will probably inundate this Court with applications for stays or injunctions. [3] And in cases where classwide or set-aside relief has been awarded, the losing side in the lower courts will likewise regularly come to this Court if the matter is sufficiently important.
When a stay or injunction application arrives here, this Court should not and cannot hide in the tall grass. When we receive such an application, we must grant or deny. And when we do—that is, when this Court makes a decision on the interim legal status of a major new federal statute or executive action—that decision will often constitute a form of precedent ( de jure or de facto ) that provides guidance throughout the United States during the years-long interim period until a final decision on the merits.
——————
[3] That scenario explains why it would not make much sense for this
Court to apply different standards to (i) an application for an injunction
and (ii) an application for a stay of an injunction. See,
e
.
g
.,
Tandon
v.
Newsom
,
Suppose a district court in Circuit A enjoins a new executive action. And the court of appeals in Circuit A then declines to stay the injunction. Meanwhile, a district court in Circuit B does not enjoin that new executive action, and the court of appeals in Circuit B also declines to enjoin it. Both cases come to this Court on applications for interim relief—one seeking a stay of injunction and one seeking an injunction. It would not be particularly rational to deny a stay and leave the injunction in place in Circuit A, and then to turn around and deny an injunction in Circuit B on account of a purportedly higher standard for this Court to grant injunctions rather than stays. The standards should mesh so that this Court can ensure uniformity without regard to the happenstance of how various courts of appeals and district courts ruled.
[4] To obtain an interim stay or injunction, “an applicant must show (1) a
reasonable probability that four Justices will consider the issue
sufficiently meritorious to grant certiorari; (2) a fair prospect that a
majority of the Court will vote to reverse the judgment below; and (3) a
likelihood that irreparable harm will result from the denial” of the
application.
Hollingsworth
v.
Perry
, 558 U. S. 183, 190 (2010) (
per
curiam
); see
Tandon
, 593 U. S., at 64. The Court may also consider
(4) the “balance” of “the equities” and “relative harms” to the parties.
Hollingsworth
,
K AVANAUGH , J., concurring
II
It is sometimes suggested, however, that this Court should adopt a policy of presumptively denying applications for stays or injunctions—even applications involving significant new federal statutes or executive actions— regardless of which way the various lower courts have ruled. That suggestion is flawed, in my view, because it would often leave an unworkable or intolerable patchwork of federal law in place. And even in cases where there is no patchwork—for example, because an application comes to us with a single nationwide class-action injunction—what if this Court thinks the lower court’s decision is wrong? On student loan forgiveness or the Clean Power Plan or mifepristone or the travel bans, for example? Should we have a rule of presumptively denying relief, thereby allowing erroneous injunctions (or erroneous denials of injunctions) of major new statutes and executive actions to remain in place for several years, and thus severely harming the Government and would-be beneficiaries of (or regulated parties under) those new statutes and executive actions? I think not. And this Court’s actions over the years reflect that the Court thinks not.
Unless and until this Court grants or denies an application for stay or injunction, tremendous uncertainty may surround the interim legal status of the new federal statute or executive action throughout the country. The statute or executive action may be in effect in some places but not others, for some businesses but not others, for some Americans but not others. That temporary geographic, organizational, and individual variation in federal law might not warrant this Court’s intervention in run-of-the- mill cases—which is why it makes sense that this Court denies applications for interim relief when the Court is unlikely to later grant certiorari. See Does 1–3 v. Mills , 595 U. S. ___, ___ (2021) (B ARRETT , J., concurring in denial of application for injunctive relief ). But in cases involving
K AVANAUGH , J., concurring
major new federal statutes or executive actions, uniformity is often essential or at least sensible and prudent. In those kinds of cases, disuniformity—even if only for a few years or less—can be chaotic. And such chaos is not good for the law or the country.
One of this Court’s roles, in justiciable cases, is to resolve major legal questions of national importance and ensure uniformity of federal law. So a default policy of off-loading to lower courts the final word on whether to green-light or block major new federal statutes and executive actions for the several-year interim until a final ruling on the merits would seem to amount to an abdication of this Court’s proper role.
Some might object that this Court is not well equipped to make those significant decisions—namely, decisions about the interim status of a major new federal statute or executive action—on an expedited basis. But district courts and courts of appeals are likewise not perfectly equipped to make expedited preliminary judgments on important matters of this kind. Yet they have to do so, and so do we. By law, federal courts are open and can receive and review applications for relief 24/7/365. See 28 U. S. C. §452 (“All courts of the United States shall be deemed always open for the purpose of filing proper papers . . . and making motions and orders”). And this Court has procedural tools that can help us make the best possible interim decision in the limited time available—administrative stays, additional briefing, amicus briefs, oral argument, certiorari before judgment, and the like. On top of that, this Court has nine Justices, each of whom can (and does) consult and deliberate with the other eight to help the Court determine the best answer, unlike a smaller three-judge court of appeals panel or one-judge district court. And this Court also will have the benefit of the prior decisions in the case at hand from the court of appeals and the district court.
Some might argue that preliminary disputes over the *51 v.
K AVANAUGH , J., concurring
legality of major new statutes and executive actions can draw this Court into difficult or controversial matters earlier than we might like, as distinct from what happens on our slower-moving merits docket. That is an understandable concern. But when it comes to the interim status of major new federal statutes and executive actions, it is often important for reasons of clarity, stability, and uniformity that this Court be the decider. And Members of the Court have life tenure so that we can make tough calls without fear or favor. As with the merits docket, the Court’s role in resolving applications for interim relief is to neutrally referee each matter based on the relevant legal standard. Avoiding controversial or difficult decisions on those applications is neither feasible nor appropriate. Some might also worry that an early or rushed decision on an application could “lock in” the Court’s assessment of the merits and subtly deter the Court from later making a different final decision. But in deciding applications for interim relief involving major new statutes or executive actions, we often have no choice but to make a preliminary assessment of likelihood of success on the merits; after all, in cases of that sort, the other relevant factors (irreparable harm and the equities) are often very weighty on both sides. See Labrador Poe , 601 U. S. ___, ___–___ (2024) (K AVANAUGH , J., concurring in grant of stay) (slip op., at 3– 4). Moreover, judges strive to make the correct decision based on current information notwithstanding any previous assessment of the merits earlier in the litigation. It is not uncommon to think and decide differently when one knows more. This Court has done so in the past, see West Virginia Bd. of Ed. v. Barnette , 319 U. S. 624 (1943), and undoubtedly will continue to do so in the future. To reiterate, this Court should not insert itself into run- of-the-mill preliminary-injunction cases where we are not likely to grant certiorari down the road. But determining the nationally uniform interim legal status for several years
K AVANAUGH , J., concurring
of, say, the Clean Power Plan or Title IX regulations or mifepristone rules is a role that the American people appropriately expect this Court—and not only the courts of appeals or district courts—to fulfill.
* * *
The volume of preliminary-injunction and other pre- enforcement litigation over new federal laws and executive actions coming to this Court has been growing in recent years. That trend is in part the result of the increasing number of major new executive actions by recent Presidential administrations (of both political parties) that have had difficulty passing significant new legislation through Congress. Meanwhile, applications for stays or injunctions in capital-punishment cases, election disputes, and other time-sensitive matters (including numerous COVID–19-related disputes in the few years beginning in 2020) have also continued to come to this Court on a steady basis, as they traditionally have.
Although the volume of applications has increased, the
Court’s
responsibility
for deciding
consequential
applications for stays or injunctions is not new. See,
e.g.
,
West Virginia
v.
EPA
, 577 U. S. 1126 (2016) (temporarily
enjoining Clean Power Plan);
Purcell
v.
Gonzalez
, 549 U. S.
1 (2006) (
per curiam
) (vacating injunction pending appeal
regarding state voter ID law);
Rubin
v.
United States
, 524
U. S. 1301 (1998) (Rehnquist, C. J., in chambers) (denying
stay pending certiorari of order enforcing subpoenas to
Secret Service agents regarding their observations of the
President);
Schlesinger
v.
Holtzman
,
K AVANAUGH , J., concurring
Rosenberg
v.
United States
,
Today’s decision on district court injunctions will not affect this Court’s vitally important responsibility to resolve applications for stays or injunctions with respect to major new federal statutes and executive actions. Deciding those applications is not a distraction from our job. It is a critical part of our job. With that understanding, I join the Court’s opinion in full.
S OTOMAYOR , J., dissenting
SUPREME COURT OF THE UNITED STATES
_________________ No. 24A884 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . v. CASA, INC., ET AL . ON APPLICATION FOR PARTIAL STAY _________________ No. 24A885 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . v. WASHINGTON, ET AL . ON APPLICATION FOR PARTIAL STAY _________________ No. 24A886 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . NEW JERSEY, ET AL . ON APPLICATION FOR PARTIAL STAY
[June 27, 2025]
J USTICE , with whom J USTICE K AGAN and J USTICE J ACKSON join, dissenting.
Children born in the United States and subject to its laws
are United States citizens. That has been the legal rule
since the founding, and it was the English rule well before
then. This Court once attempted to repudiate it, holding in
Dred Scott
v.
Sandford
,
It is now the President who attempts, in an Executive Or- der (Order or Citizenship Order), to repudiate birthright citizenship. Every court to evaluate the Order has deemed it patently unconstitutional and, for that reason, has en- joined the Federal Government from enforcing it. Unde- terred, the Government now asks this Court to grant emer- gency relief, insisting it will suffer irreparable harm unless it can deprive at least some children born in the United States of citizenship. See Protecting the Meaning and Value of American Citizenship, Exec. Order No. 14160, 90 Fed. Reg. 8849 (2025).
The Government does not ask for complete stays of the injunctions, as it ordinarily does before this Court. Why? The answer is obvious: To get such relief, the Government would have to show that the Order is likely constitutional, an impossible task in light of the Constitution’s text, his- tory, this Court’s precedents, federal law, and Executive Branch practice. So the Government instead tries its hand at a different game. It asks this Court to hold that, no mat- ter how illegal a law or policy, courts can never simply tell the Executive to stop enforcing it against anyone. Instead, the Government says, it should be able to apply the Citizen- ship Order (whose legality it does not defend) to everyone except the plaintiffs who filed this lawsuit.
The gamesmanship in this request is apparent and the Government makes no attempt to hide it. Yet, shamefully, this Court plays along. A majority of this Court decides that these applications, of all cases, provide the appropriate oc- casion to resolve the question of universal injunctions and end the centuries-old practice once and for all. In its rush to do so the Court disregards basic principles of equity as well as the long history of injunctive relief granted to non- parties.
No right is safe in the new legal regime the Court creates. Today, the threat is to birthright citizenship. Tomorrow, a different administration may try to seize firearms from law- abiding citizens or prevent people of certain faiths from gathering to worship. The majority holds that, absent cum- bersome class-action litigation, courts cannot completely enjoin even such plainly unlawful policies unless doing so is necessary to afford the formal parties complete relief. That holding renders constitutional guarantees meaningful in name only for any individuals who are not parties to a lawsuit. Because I will not be complicit in so grave an at- tack on our system of law, I dissent.
I
The majority ignores entirely whether the President’s Ex- ecutive Order is constitutional, instead focusing only on the question whether federal courts have the equitable author- ity to issue universal injunctions. Yet the Order’s patent unlawfulness reveals the gravity of the majority’s error and underscores why equity supports universal injunctions as appropriate remedies in this kind of case. As every conceiv- able source of law confirms, birthright citizenship is the law of the land.
A
The Citizenship Clause provides that “[a]ll persons born or naturalized in the United States and subject to the juris- diction thereof, are citizens of the United States and of the State wherein they reside.” U. S. Const., Amdt. 14, §1. That means what it says. Nestled in the Fourteenth Amendment alongside the Equal Protection Clause, the Citizenship Clause does not discriminate on the basis of race, sex, ethnicity, religion, or, importantly here, parent- age. It refers instead to “[a]ll persons born or naturalized in the United States.” Ibid .
Besides birth, there is only one condition: that one be
*57
“subject to the jurisdiction” of the United States. Yet that
condition too leaves no room for ambiguity. To be “subject
to the jurisdiction” of the United States means simply to be
bound to its authority and its laws. See N. Webster, An
American Dictionary of the English Language 732 (C.
Goodrich & N. Porter eds. 1865) (defining jurisdiction as the
“[p]ower of governing or legislating,” or “the power or right
of exercising authority”). As the Government would pre-
sumably concede, virtually everyone born in the United
States and present in its territory is subject to its authority
and its laws. After all, “[t]he jurisdiction of the nation
within its own territory is necessarily exclusive and abso-
lute.”
Schooner Exchange
v.
McFaddon,
Few constitutional questions can be answered by resort to the text of the Constitution alone, but this is one. The Fourteenth Amendment guarantees birthright citizenship.
B
Unsurprisingly given the clarity of the Citizenship Clause’s text, every other source of interpretation confirms this conclusion. Consider, first, its history. Long before the Fourteenth Amendment, and indeed before the founding, the common-law rule of jus soli (literally, right of the soil) governed English citizenship. That rule rendered a per- son’s birthplace determinative of her citizenship status. Thus, “the children of aliens, born . . . in England,” gener- ally were “natural-born subjects, and entitled to all the privileges of such.” 1 W. Blackstone, Commentaries on the *58 Laws of England 361–362 (1765); see also H. Broom & G. Denman, Constitutional Law Viewed in Relation to Com- mon Law 31 (2d ed. 1885) (describing Calvin’s Case (1608), which established that “[e]very one born within the domin- ions of the King of England . . . is . . . entitled to enjoy all the rights and liberties of an Englishman”).
That English common-law rule carried over to the United
States after the founding. Shortly after the Constitution’s
ratification, James Madison observed that “it [was] an es-
tablished maxim that birth is a criterion of allegiance,”
i
.
e
.,
of citizenship. 1 Annals of Cong. 404 (1789). Birth, he ex-
plained, could convey citizenship in two ways: either
through “place” (under the “right of the soil” principle) or
through “parentage” (as for one born to United States citi-
zens).
Ibid
. “[B]ut, in general,” Madison explained, “place
is the most certain criterion” and “it is what applies in the
United States.”
Ibid.
Mere decades later, Justice Story
wrote that “[n]othing is better settled . . . than the doctrine
that the children even of aliens born in a country . . . are
subjects by birth.”
Inglis
v.
Trustees of Sailor’s Snug Har-
bour in City of New York
,
Though the law was clear, the Nation did not always live
up to its promise. Infamously, this Court departed from the
birthright citizenship principle in
Dred Scott
,
The lawmakers who ratified the Fourteenth Amendment understood that it would extend citizenship to all children born here, regardless of parental citizenship. Indeed, some objected to its passage on those grounds, complaining that it would permanently extend citizenship to immigrants who “invade [state] borders” and “settle as trespassers.” Cong. Globe, 39th Cong., 1st Sess., 2891 (1866). Proponents agreed, if not with the anti-immigrant sentiment, that the Clause would extend citizenship to the children of immi- grants. For example, Senator Conness of California (one of the Amendment’s lead supporters) confirmed on the floor “that the children born here of Mongolian parents shall be declared by the Constitution of the United States to be en- titled to civil rights and to equal protection before the law.” Id ., at 2892. “We have declared that by law” in the Civil Rights Act, he explained, and “now it is proposed to incor- porate the same provision in the fundamental instrument of the nation.” Id ., at 2891. Not one Senator disagreed with this understanding of the Clause.
In the end, “[t]he Citizenship Clause was no legal inno-
vation.” J. Ho, Defining “American”: Birthright Citizenship
and the Original Understanding of the 14th Amendment, 9
Green Bag 2d 367, 369 (2006); see also
id
., at 368 (“Birth-
right citizenship is guaranteed by the Fourteenth Amend-
ment. That birthright is protected no less for children of
undocumented persons than for descendants of
Mayflower
passengers”). “It simply restored the longstanding English
common law doctrine of
jus soli
” abrogated by
Dred Scott
.
Ho,
C
Following the ratification of the Fourteenth Amendment,
this Court confirmed the Amendment’s plain meaning in
United States
v.
Wong Kim Ark
,
This Court held that “[t]he Fourteenth Amendment af- firms the ancient and fundamental rule of citizenship by birth within the territory.” Id ., at 693. As the President does today, the Government in Wong Kim Ark rested its case on the Clause’s sole qualifier. Wong was not subject to the jurisdiction of the United States, the Government claimed, because at birth his parents were aliens in the United States who were “subjects of the emperor of China,” thus making Wong a subject of the emperor of China as well. Id ., at 652–653. This Court squarely rejected that attempt to limit the Citizenship Clause’s reach. Instead, it held, the “ ‘subject to the jurisdiction’ ” qualifier excludes only “children born of alien enemies in hostile occupation, and children of diplomatic representatives of a foreign State,” id ., at 682, “with the single additional exception of children of members of the Indian tribes owing direct alle- giance to their several tribes,” id ., at 693.
——————
[1] The first two exceptions “ha[d] already been shown, by the law of Eng-
land and by our own law, from the time of the first settlement of the
English colonies in America, [to be] recognized exceptions to the funda-
mental rule of citizenship by birth within the country.”
Wong Kim Ark
,
That holding conclusively settled any remaining dispute over the Citizenship Clause’s meaning. Since then, all three branches of Government have unflinchingly adhered to it.
This Court, for one, has repeatedly reaffirmed
Wong Kim
Ark
’s holding. Notwithstanding legislation purporting to
render Japanese persons “ineligible” for citizenship, we
held in
Morrison
v.
California
,
Congress, for its part, has also reaffirmed the principles of birthright citizenship by enshrining it in a federal stat- ute. Section 201 of the Nationality Act of 1940 provides that all those “born in the United States, and subject to the ju- risdiction thereof,” “shall be nationals and citizens of the United States at birth.” 8 U. S. C. §1401(a); see also Tag- gart v. Lorenzen , 587 U. S. 554, 560 (2019) (recognizing ——————
2890 (1866). Treaties between many tribes and the Federal Government, at the time, ensured that it was the tribe, and not the United States Gov- ernment, that had “prescriptive and law enforcement authority” over tribal members. M. Ramsey, Originalism and Birthright Citizenship, 109 Geo. L. J. 405, 443–444 (2020); see id ., at 442–444. Congress even- tually extended birthright citizenship to tribal members born in the United States in 1924. See Indian Citizenship Act of 1924, ch. 233, 43 Stat. 253, 8 U. S. C. §1401(b). These exceptions are not at issue in these cases.
“longstanding interpretive principle” that if statutory term “ ‘is “obviously transplanted from another legal source,” it “brings the old soil with it” ’ ”).
For at least the last century, the Executive Branch has adhered to the same principle. When Congress proposed to reaffirm birthright citizenship in the 1940 Nationality Act, cabinet officials described it as “a statement of the common- law rule, which has been in the United States from the be- ginning of its existence.” House Committee on Immigration and Naturalization, Nationality Laws of the United States, 76th Cong., 1st Sess., 7 (Comm. Print 1939). Indeed, the Government concedes even now that the Executive Branch has recognized the vitality of birthright citizenship “at least back to World War II, if not earlier.” App. to Opposition to Application in No. 24A886, p. 323a. That explains, among other things, why the Social Security Administration and the Department of State have long accepted proof of one’s birthplace as proof of citizenship. See 44 Fed. Reg. 10369, 10371 (1979); 20 CFR §§422.107(d), 422.103(c)(2) (2024); 22 CFR §§51.40, 51.42 (2024).
Some decades ago, the Office of Legal Counsel was asked to respond to a House bill that would have denied birthright citizenship to “ ‘children born in the United States to par- ents who are not citizens or permanent resident aliens.’ ” 19 Op. OLC 340, 341 (1995). The answer well summed up the state of the law: This “office grapples with many difficult and close issues of constitutional law. The lawfulness of this bill is not among them. This legislation is unquestion- ably unconstitutional.” Ibid.
II A Undeterred by the Constitution, history, Supreme Court precedent, federal law, and longstanding Executive Branch practice, President Donald J. Trump issued Executive Or- der No. 14160 on the day of his inauguration that purported *63 to redefine American citizenship. The Order declares that United States citizenship does not extend to persons who are born to a mother unlawfully present in the United States, or lawfully present on a temporary basis, and a fa- ther who is neither a citizen nor lawful permanent resident. Ibid. It further prohibits federal agencies from issuing cit- izenship documentation to such persons or accepting state documentation to that effect, and it directs a slew of federal officials to conform agency regulations to the Order. Id ., at 8449–8450. The prohibition, according to the Order, ap- plies “only to persons who are born within the United States after 30 days from the date of th[e] order.” Id ., at 8449.
B
Shortly after the President issued the Citizenship Order, several groups of plaintiffs (together, respondents) chal- lenged the Order in Federal District Courts in Maryland, Massachusetts, and Washington. Respondents include: a group of pregnant women [2] whose children will not be United States citizens under the terms of the Citizenship Order; two immigrants-rights organizations with thou- sands of members across the country who are likely to give birth to children who would also be denied citizenship un- der the Order; and 22 States, the District of Columbia, and the city of San Francisco. In their respective suits, respond- ents asserted that the Citizenship Order violates the Four- teenth Amendment and §1401(a).
Respondents also sought a preliminary injunction bar- ring enforcement of the Citizenship Order during the pen- dency of the litigation. If allowed to go into effect, they said, the policy would inflict irreparable harm on their children ——————
[2] Two of these women seek to represent a class of pregnant women and children residing in Washington State, who are affected by the Citizen- ship Order. See Complaint in No. 2:25–cv–00127 (WD Wash., Feb. 4, 2025), ECF Doc. 106. The District Court has yet to rule on the certifica- tion of that putative class.
(and their members’ children) by denying them “enjoyment of the full privileges, rights, and benefits that come with U. S. citizenship,” and rendering them vulnerable to unlaw- ful deportation before the Courts could adjudicate their con- stitutional claim. Complaint in No. 8:25–cv–00201 (D Md., Jan. 21, 2025), p. 6, ¶12; see also Complaint in No. 2:25–cv– 00127 (WD Wash., Feb. 4, 2025), ECF Doc. 106, pp. 33–36, ¶¶120–139 (Washington Complaint).
As for the States, they attested that enforcement of the Citizenship Order would cost them millions of dollars in federal funding and impose significant administrative bur- dens. The States “administer numerous programs for the benefit of their residents, including for newborns and young children, some of whom are wards of the plaintiff States who are entitled to care by statute.” Id ., at 23, ¶79. Those social welfare programs include ones provided for by state law, as well as ones established by federal law, such as Med- icaid and the Children’s Health Insurance Program: Sev- eral of them “are funded in part by federal dollars, with fed- eral funding frequently tied to the citizenship and immigration status of the individuals served.” Ibid. By stripping some children within the States of their citizen- ship, the Order would reduce the States’ federal funding, “forc[ing the States] to bear significantly increased costs to operate and fund programs that ensure the health and well- being of their residents.” Id ., at 6, ¶8, 4–5, ¶6; see also Op- position to Application in No. 24A886 (New Jersey), pp. 9– 11; Complaint in No. 1:25–cv–10139 (D Mass., Jan. 21, 2025), pp. 23–42, ¶¶121–201. Relatedly, because the States must verify the citizenship status of the individuals they serve, the States alleged that the Citizenship Order would force them to expend significant sums to “modif[y] their . . . operational structures and administration” to account for the changes in citizenship. Washington Complaint 6, ¶8; see also Opposition to Application in No. 24A886 (New Jer- sey), at 9–11.
All three District Courts preliminarily enjoined enforce-
ment of the Citizenship Order. Each court determined that
the Citizenship Order was likely unlawful, that respond-
ents were likely to face irreparable harm without an injunc-
tion, and that the equities and public interest cut decisively
in respondents’ favor. See
The District Courts further determined that only injunc-
tions blocking the Citizenship Order’s enforcement nation-
wide would completely redress respondents’ injuries. For
the organizational plaintiffs, the Maryland District Court
explained that those plaintiffs have “ ‘over 680,000 mem-
bers . . . who reside in all 50 U.S. states’ ” and “hundreds of
them expect to give birth soon.” 763 F. Supp. 3d, at 746.
The Washington District Court found that “a geograph-
ically limited injunction would be ineffective” for the state
plaintiffs “as it would not completely relieve [the States] of
the Order’s financial burden(s).”
For identical reasons, the Massachusetts District Court *66 also found that the state plaintiffs’ injuries could be re- dressed only by a universal injunction. See 766 F. Supp. 3d, at 288 (“The harms [the States] have established stem from the [Order’s] impact on the citizenship status—and the ability to discern or verify such status—for any child located or seeking various services within their jurisdic- tion”).
The Government filed motions to stay the injunctions in three separate Courts of Appeals. Nowhere did the Govern- ment contest the District Courts’ uniform holdings that the Citizenship Order likely violated the Constitution. Instead, it challenged only the scope of the ordered relief, arguing that the injunctions should be narrowed to block the Order’s enforcement against only the individual persons named in the complaints.
All three appellate courts denied the Government’s re-
quest and left the preliminary injunctions intact. See 131
F. 4th 27 (CA1 2025);
On March 13, the Government filed emergency applica- tions with this Court requesting partial stays of the three preliminary injunctions of the Citizenship Order. The Gov- ernment renews its contention that the injunctions must be narrowed to benefit only formal parties in these cases.
III
In partially granting the Government’s remarkable re-
quest, the Court distorts well-established equitable princi-
ples several times over. A stay, this Court has said, “ ‘is not
a matter of right,’ ” but rather “ ‘an exercise of judicial dis-
cretion.’ ”
Nken
v.
Holder
,
The Government also falls well short of satisfying its bur- den to show that it will likely suffer irreparable harm ab- sent a stay and that it will likely succeed on the merits of its challenge to the scope of the injunctions. Nken , 556 U. S., at 434–435. The Executive Branch has respected birthright citizenship for well over a century, and it ad- vances no plausible reason why maintaining the status quo while the litigation proceeds would cause it irrevocable harm. Nor could it, for the Constitution and federal law prohibit the enforcement of the Citizenship Order.
For all that, moreover, the Government is not even cor- rect on the merits of universal injunctions. To the contrary, universal injunctions are consistent with long-established principles of equity, once respected by this Court. What is more, these cases do not even squarely present the legality of universal injunctions. That is because, even if the major- ity were right that injunctions can only offer “complete re- lief to the plaintiffs before the court ,” ante, at 17, each of the lower courts here correctly determined that the nationwide relief they issued was necessary to remedy respondents’ in- *68 juries completely. So even ignoring the traditional stay fac- tors and accepting the majority’s view of the merits, there is no reason to grant relief in these cases.
A
It is a bedrock principle that parties who request a stay
must show they will likely suffer irreparable harm absent
such relief. Indeed, “[t]he authority to grant stays has his-
torically been justified by the perceived need ‘to prevent ir-
reparable injury to the parties or to the public’ pending re-
view.”
Nken
, 556 U. S., at 432 (quoting
Scripps-Howard
Radio, Inc.
v.
FCC
,
What grave harm does the Executive face that prompts a majority of this Court to grant it relief? The answer, the Government says, is the inability to enforce the Citizenship Order against nonparties. For the majority, that answer suffices. See ante, at 24 (“When a federal court enters a universal injunction against the Government, it ‘im- proper[ly] intrude[s]’ on ‘a coordinate branch of the Govern- ment’ and prevents the Government from enforcing its pol- icies against nonparties”).
The problem, however, is that the Executive Branch has no right to enforce the Citizenship Order against anyone. As the Executive itself once put it, the Order is “unques- tionably unconstitutional.” Supra , at 9. It defies logic to say that maintaining a centuries-long status quo for a few months longer will irreparably injure the Government. See Starbucks Corp. v. McKinney , 602 U. S. 339, 345–346 *69 (2024) (The “purpose” of equitable relief “ ‘is merely to pre- serve the relative positions of the parties until a trial on the merits can be held’ ”). The President’s “mandate . . . to ex- ercise his executive power,” Myers v. United States , 272 U. S. 52, 123 (1926), in any event, does not permit him to rewrite the Constitution or statutory provisions at a whim. By forging ahead and granting relief to the Government an- yway, this Court endorses the radical proposition that the President is harmed, irreparably, whenever he cannot do something he wants to do, even if what he wants to do is break the law.
The majority claims that it can sidestep “analysis of the Executive Order” altogether because (in its view) every overbroad injunction necessarily causes irreparable harm sufficient to warrant emergency intervention. Ante, at 24. Yet where a purportedly overbroad injunction orders the Government to do only what this Court has expressly held it is required to do, it is hard to see how it could cause any harm. At oral argument, the Government conceded it was bound to follow this Court’s precedent. See Tr. of Oral Arg. 62–63. This Court’s precedent establishes beyond a shade of doubt that the Executive Order is unconstitutional. See supra , at 3–9. Thus, by enjoining the Government from vi- olating settled law, the District Courts’ orders do not cause the Government any harm.
The majority’s contrary position is self-refuting. Suppose an executive order barred women from receiving unemploy- ment benefits or black citizens from voting. Is the Govern- ment irreparably harmed, and entitled to emergency relief, by a district court order universally enjoining such policies? The majority, apparently, would say yes.
Nothing in this Court’s precedents supports that result. It turns one of the “ ‘most critical’ factors we must consider in deciding whether to grant a stay” into a box-checking ex- ercise whenever the relevant enjoined action is an executive one. Trump v. International Refugee Assistance Project , 582 *70 U. S. 571, 584 (2017) (T HOMAS , J., concurring in part and dissenting in part). Even accepting that “[a]ny time a State is enjoined by a court from effectuating statutes enacted by representatives of its people, it suffers a form of irreparable injury,” Maryland v. King , 567 U. S. 1301, 1303 (2012) (R OBERTS , C. J., in chambers), that democratic considera- tion cuts against the Government in these cases. Through the ratification of the Fourteenth Amendment, Congress and the States constitutionalized birthright citizenship. Congress also codified birthright citizenship in §1401(a). It is thus the Citizenship Order, not the District Courts’ in- junctions, that prevents the “ ‘effectuat[ion]’ ” of a constitu- tional amendment and repeals a “ ‘statut[e] enacted by rep- resentatives of [the American] people.’ ” Id ., at 1303.
Simply put, it strains credulity to treat the Executive
Branch as irreparably harmed by injunctions that direct it
to continue following settled law. “All the officers of the
government, from the highest to the lowest, are creatures
of the law and are bound to obey it.”
United States
v.
Lee
,
B
A majority of this Court nonetheless rushes to address the merits of the Government’s applications, holding that universal injunctions “likely exceed the equitable authority that Congress has granted to federal courts.” Ante, at 1–2. A majority that has repeatedly pledged its fealty to “history and tradition” thus eliminates an equitable power firmly grounded in centuries of equitable principles and practice. By stripping all federal courts, including itself, of that power, the Court kneecaps the Judiciary’s authority to stop the Executive from enforcing even the most unconstitu- tional policies. That runs directly counter to the point of equity: empowering courts to do complete justice, including *71 18
through flexible remedies that have historically benefited parties and nonparties alike.
A brief recounting of equity’s history demonstrates the majority’s grave error. The American legal system grew out of English law, which had two primary judicial institutions: the common-law courts and equity courts. Equity courts arose because of the inflexibility of the common-law system; their purpose was to look beyond formal writs and provide remedies where the common law gave inadequate relief. In Blackstone’s words, equity was meant “to give remedy in cases where none before was administered.” 3 Commen- taries on the Laws of England, at 50.
Adaptability has always been a hallmark of equity, espe- cially with regard to the scope of its remedies. While com- mon-law courts were “compelled to limit their inquiry to the very parties in the litigation before them,” equity courts could “adjust the rights of all, however numerous,” and “adapt their decrees to all the varieties of circumstances, which may arise, and adjust them to all the peculiar rights of all the parties in interest.” J. Story, Commentaries on Equity Jurisprudence §28, pp. 27–28 (2d ed. 1839). After all, equity’s “constant aim” was “to do complete justice.” J. Story, Commentaries on Equity Pleadings §72, p. 74 (2d ed. 1840). Accordingly, equity courts could “decid[e] upon and settl[e] the rights of all persons interested in the subject- matter of the suit, so that the performance of the decree of the Court may be perfectly safe to those, who are compelled to obey it, and also, that future litigation may be pre- vented.” Ibid .
For equity courts, injunctions were “manifestly indispen- sable for the purposes of social justice in a great variety of cases.” Story, Commentaries on Equity Jurisprudence §959a, at 227. Unlike this Court, then, those courts “con- stantly decline[d] to lay down any rule which shall limit *72 their power and discretion as to the particular cases, in which such injunctions shall be granted, or withheld.” Ibid . Justice Story underscored the “wisdom in this course”: Eq- uity courts needed flexibility to craft injunctions for partic- ular cases, as it was “impossible to foresee all the exigencies of society which may require their aid and assistance to pro- tect rights or redress wrongs.” Ibid .
In their pursuit of complete justice, equity courts could award injunctive and other equitable relief to parties and nonparties alike. For centuries, they did so through what was known as “bills of peace.” If a plaintiff or group of plaintiffs filed such a bill, an English court could use a sin- gle case to settle disputes affecting whole communities, for “the inherent jurisdiction of equity” included the power “to interfere for the prevention of a multiplicity of suits.” 1 J. Pomeroy, Equity Jurisprudence §260, p. 278 (1881). Bills of peace issued in cases “ ‘where the parties [were] very nu- merous, and the court perceive[d] that it [would] be almost impossible to bring them all before the court; or where the question is of general interest, and a few may sue for the benefit of the whole.’ ” Ortiz v. Fibreboard Corp. , 527 U. S. 815, 832 (1999) (quoting West v. Randall , 29 F. Cas. 718, 722 (No. 17,424) (CC RI 1820) (Story, J.)). In such cases, a court could “grant [equitable relief] without making other persons parties,” instead considering them “quasi parties to the record, at least for the purpose of taking the benefit of the decree, and of entitling themselves to other equitable relief, if their rights [were] jeopard[iz]ed.” Id ., at 723.
Early American courts embraced bills of peace and ex- tended their logic to cases “which [were] not technically ‘bills of peace,’ but ‘[were] analogous to,’ or ‘within the prin- ciple’ of such bills.” 1 Pomeroy, Equity Jurisprudence §269, at 293. One example was taxpayer suits, which allowed courts to enjoin universally the enforcement of a challenged tax. Sometimes, such suits were filed “by any number of taxpayers joined as co-plaintiffs, or by one taxpayer suing *73 on behalf of himself and all others similarly situated.” Id ., at 277. But taxpayer suits were not always representative in nature: Even “a single taxpayer suing on his own ac- count,” if victorious, could enjoin the collection of a tax against anyone. Ibid . Individual plaintiffs, moreover, could secure an order “to set aside and annul any and every illegal public official action . . . whereby a debt . . . would be un- lawfully created.” Ibid . By allowing “complete and final relief [to] be given to an entire community by means of one judicial decree,” American courts (like their English coun- terparts) spared nonparties and themselves from the bur- den of “an indefinite amount of separate litigation.” Id ., at 278.
Federal courts have also exercised equitable authority to
enjoin universally federal and state laws for more than a
century. For instance, before deciding the constitutionality
of a new federal law in
Lewis Publishing Co.
v.
Morgan
, 229
U. S. 288 (1913), this Court entered an order blocking the
law’s enforcement against parties and nonparties. See M.
Sohoni, The Lost History of the “Universal” Injunction, 133
Harv. L. Rev. 920, 944–946 (2020). In
Lewis
, two newspa-
per publishers challenged as unconstitutional a federal law
requiring publishers to file with the Postmaster General
twice-yearly disclosures about their editorial board mem-
bership, corporate ownership, and subscribership. Sohoni,
In
Pierce
v.
Society of Sisters
,
The universal injunctions of the Citizenship Order fit
*75
firmly within that tradition. The right to birthright citizen-
ship is “clear,” the Citizenship Order is an “ ‘illegal act,’ ”
and without the “ ‘preventive process of injunction,’ ” the
right will be “ ‘irreparably injured.’ ”
Arthur
v.
Oakes
, 63 F.
310, 328 (CA7 1894) (Harlan, J.) (describing standard for
when an injunction should issue). It would be “ ‘almost im-
possible,’ ” moreover, “ ‘to bring all [affected individuals] be-
fore the court,’ ”
Ortiz
,
Of course, as a matter of equitable discretion, courts may often have weighty reasons not to award universal relief. Among other things, universal injunctions can prevent dif- ferent district and appellate courts from considering the same issues in parallel, forestalling the legal dialogue (or “percolation”) the federal system uses to answer difficult questions correctly. Not so here, however, because the Cit- izenship Order is patently unconstitutional under settled law and a variety of district and appellate courts have re- viewed the issue. So too can universal injunctions encour- age forum shopping, by allowing preferred district judges in a venue picked by one plaintiff to enjoin governmental pol- icies nationwide. They also operate asymmetrically against the Government, giving plaintiffs a litigation advantage: To halt Government action everywhere, a plaintiff must win *76 23 only one universal injunction across many potential law- suits. Yet this is not a scenario where granting universal relief will encourage forum shopping or give plaintiffs the upper hand. Quite the opposite: By awarding universal re- lief below, the District Courts just ordered the Government to do everywhere what any reasonable jurist would order the Government to do anywhere.
There may be good reasons not to issue universal injunc- tions in the typical case, when the merits are open to rea- sonable disagreement and there is no claim of extraordi- nary and imminent irreparable harm. [3] See Story, Commentaries on Equity Jurisprudence §959a, at 227 (“[In- junctive relief] ought . . . to be guarded with extreme cau- tion, and applied only in very clear cases”); cf. ante, at 13 ( “[The] use [of bills of peace] was confined to limited circum- stances”). The universal injunctions in these cases, how- ever, are more than appropriate. These injunctions, after all, protect newborns from the exceptional, irreparable harm associated with losing a foundational constitutional right and its immediate benefits. They thus honor the most basic value of our constitutional system: They keep the Gov- ernment within the bounds of law. Marbury v. Madison , 1 Cranch 137, 163 (1803).
The majority’s contrary reasoning falls flat. The majority starts with the Judiciary Act of 1789, which gives federal courts jurisdiction over “all suits . . . in equity.” §11, 1 Stat. 78. In the majority’s telling, universal injunctions are in- consistent with equity jurisdiction because they are not “sufficiently ‘analogous’ to the relief ‘ “exercised by the High ——————
[3] These prudential considerations, however, have nothing to do with whether universal injunctions are consistent with historical equitable principles and practice. Contra ante, at 21, n. 16; but cf. ante, at 21 (“[T]he policy pros and cons [of universal injunctions] are beside the point”).
Court of Chancery in England at the time of the adoption of
the Constitution and the enactment of the original Judici-
ary Act.” ’ ”
Ante,
at 6 (quoting
Grupo Mexicano de Desar-
rollo, S. A.
v.
Alliance Bond Fund, Inc.
,
The majority’s argument stumbles out the gate. As the majority must itself concede, injunctions issued by English courts of equity were “typically,” but not always, party spe- cific. Ante, at 7. After all, bills of peace, for centuries, al- lowed English courts to adjudicate the rights of parties not before it, and to award remedies intended to benefit entire affected communities. Taxpayer suits, too, could lead to a complete injunction of a tax, even when only a single plain- tiff filed suit.
The majority seeks to distinguish bills of peace from uni- versal injunctions by urging that the former (but not the latter) typically applied to small and cohesive groups and were representative in nature. See ante, at 13. Yet those are distinctions without a difference. Equity courts had the flexibility to “adapt their decrees to all the varieties of cir- cumstances, which may arise, and adjust them to all the peculiar rights of all the parties in interest.” Story, Com- mentaries on Equity Jurisprudence §28, at 28. There is no equitable principle that caps the number of parties in inter- est. Indeed, in taxpayer suits, a single plaintiff could get the relief of “annul[ling] any and every kind of tax or as- sessment” that applied to an entire “county, town, or city.” *78 25 1 Pomeroy, Equity Jurisprudence §260, at 277. [4] “[T]he in- herent jurisdiction of equity to interfere for the prevention of a multiplicity of suits,” moreover, is what empowered common law courts to issue bills of peace. Id ., at 450–451 (4th ed. 1918). That is why early American courts under- stood taxpayer suits, in which even a “single taxpayer suing on his own account” and not on behalf of others could secure a total injunction, to be a natural extension of a bill of peace. Id ., at 277 (1881).
It is also unclear why “ ‘cohesive[ness]’ ” or “representa- tive[ness]” would preclude even those universal injunctions that, like here, benefit a discrete and cohesive group. Ante, at 13. The Citizenship Order itself applies only to a subset group of newborn children: that is, children born to a mother unlawfully or temporarily present, and a father who ——————
[4]
Massachusetts
v.
Mellon
,
[5] The majority asserts that taxpayer suits are an “inadequate historical analogy” for a universal injunction, ante, at 14, but cannot dispute their essential similarity: By providing relief to an entire affected community, both do more than merely redress a plaintiff ’s injuries. Instead, the ma- jority says that single-plaintiff, nonrepresentative taxpayer suits cannot be proper “historical” analogues because they trace only back to the “mid- 19th century.” See ibid . Yet the same is true of plaintiff-protective in- junctions against federal and state government officials, an equitable remedy the majority embraces by reference to “a long line of cases au- thorizing suits against State officials in certain circumstances” that range from the cusp of the mid-19th century to the late mid-19th century. Ante, at 11, n. 9. In any event, early American courts deemed taxpayer suits “ ‘analogous to,’ [and] ‘within the principle of’ . . . bills [of peace],’ ” 1 Pomeroy, Equity Jurisprudence §269, at 293, which trace back to the equitable practice of the English Chancery Court, ante, at 12. Nor is it clear why it matters that individual taxpayer suits occurred in state courts, or that those courts did not always award the broad injunctions available to them. Contra, ante, at 15. The relevant question is simply whether a court of equity could award injunctive relief to nonparties. The answer to that question is, obviously, yes.
is neither a citizen nor lawful permanent resident. Those
mothers and fathers share “not only [a common] interest in
the question, but one in common in the subject-matter of
th[is] suit.”
Scott
v.
Donald
,
That bills of peace bear some resemblance to modern day Federal Rule of Civil Procedure 23 class actions does not mean they cannot also be a historical analogue to the uni- versal injunction. Contra, ante, at 13 (“The bill of peace lives in modern form” as the “modern class action . . . gov- erned in federal court by Rule 23,” “not as the universal in- junction”). In the majority’s view, Rule 23 class actions, but not universal injunctions, would “be recognizable to an Eng- lish Chancellor” because the limitations on class actions mirror those that applied to bills of peace. Ante, at 14 (Rule 23 “requires numerosity (such that joinder is impractica- ble), common questions of law or fact, typicality, and repre- sentative parties who adequately protect the interests of the class”); cf. supra , at 25 (explaining why the universal injunctions in these cases are consistent with those limits). To the extent that English Chancellors would care about the differences between Rule 23 and universal injunctions, *80 the majority provides absolutely no reason to conclude they would think the former permissible and not the latter. To the contrary, unlike the Court today, the English Chancery Court recognized that principles of equity permit granting relief to nonparties. The history of bills of peace makes that apparent, particularly because they went beyond what Rule 23 permits. See ante, at 13–14 (“[T]he modern Rule 23 is in some ways ‘more restrictive of representative suits than the original bills of peace’ ”). They are thus a common ancestor to both class actions and universal injunctions.
In any event, nothing in Rule 23 purports to supplant or
modify federal courts’ equitable authority under the Judici-
ary Act to grant relief to nonparties, nor could it. Contra,
ante,
at 14. The majority frets that universal injunctions,
if permissible, will empower federal courts to create
de facto
class actions at will, thereby circumventing Rule 23’s pro-
cedural protections.
Ibid
. Those concerns, however, have
not been borne out in reality. Rule 23 has coexisted with
universal injunctions against the Government for decades.
Universal injunctions also cannot supplant the paradigm
form of class actions, which seek money damages. In all
events, to the extent the majority’s concern has any teeth,
reviewing courts are already well equipped to safeguard
Rule 23’s procedural protections. If there is a genuine lack
of clarity as to the lawfulness of challenged Government ac-
tion, district courts may well abuse their discretion by re-
flexively issuing universal injunctions where a Rule 23
class action would be more appropriate. See
Ashcroft
v.
American Civil Liberties Union
,
The majority next insists that the practice of “founding- era courts of equity in the United States” cuts against uni- versal injunctions, and that this Court “consistently re- buffed requests for relief that extended beyond the parties.” Ante , at 8. The majority’s account is irreconcilable with *81 28
early American bills of peace and the history of taxpayer
suits. It further contradicts this Court’s practice, in cases
like
Lewis
,
Pierce
, and
Barnette
, of affirming and granting
universal injunctions even when narrower, plaintiff-
focused injunctions would have offered complete relief to
the parties. See
supra
, at 20–21. The majority instead fo-
cuses on one case from 1897, in which this Court “permitted
only a narro[w] decree between ‘the parties named as plain-
tiff and defendants in the bill,’ ”
ante,
at 7 (quoting
Scott
,
In the majority’s telling,
Scott
merely “illustrates that as
late as 1897, this Court adhered to a party-specific view of
relief.”
Ante,
at 7–8, n. 6. Nothing in
Scott
, however, dic-
tates that equitable relief must always be party specific. To
the contrary, just one year after
Scott
, the Court endorsed
the opposite view: “Only a court of equity,” the Court ex-
plained, “is competent to . . . determine, once for all and
without a multiplicity of suits, matters that affect not
simply individuals, but the interests of the entire commu-
nity.”
Smyth
v.
Ames
,
[6] Regardless of the actual decree the Smyth court approved, see ante, at 7–8, n. 6, its analysis clearly reveals that the Court understood equity to permit broad relief intended to benefit parties and nonparties alike. That is why this Court later approved or granted universal injunctions *82 The majority does not identify a single case, from the found- ing era or otherwise, in which this Court held that federal courts may never issue universal injunctions or broad equi- table relief that extends to nonparties. That is to be ex- pected, given the historical support for such relief and its use in bills of peace and taxpayer suits.
Most critically, the majority fundamentally misunder- stands the nature of equity by freezing in amber the precise remedies available at the time of the Judiciary Act. Even as it declares that “ ‘[e]quity is flexible,’ ” ante, at 11, the ma- jority ignores the very flexibility that historically allowed equity to secure complete justice where the rigid forms of common law proved inadequate. Indeed, “[i]n th[e] early times [of the common law] the chief juridical employment of the chancellor must have been in devising new writs, di- rected to the courts of common law, to give remedy in cases where none before was administered.” 3 Blackstone, Com- mentaries on the Laws of England, at 50. Adaptability has thus always been at the equity’s core. Hence why equity courts “constantly decline[d] to lay down any rule which shall limit their power and discretion as to the particular cases, in which such injunctions shall be granted, or with- held.” Story, Commentaries on Equity Jurisprudence §959(a), at 227. The Judiciary Act of 1789 codified equity itself, not merely a static list of remedies.
Historical analogues are no doubt instructive and provide important guidance, but requiring an exact historical match for every equitable remedy defies equity’s purpose. Equity courts understood the “wisdom” in keeping injunc- tive relief flexible, for it was “impossible to foresee all the exigencies of society which may require their aid and assis- tance to protect rights or redress wrongs.” Ibid . Of course, ——————
in
Lewis
,
Pierce
, and
Barnette
without “address[ing] the propriety of uni-
versal relief.”
Ante,
at 9, n. 7. See also
Lewis Publishing Co.
v.
Morgan
,
229 U. S. 288 (1913);
Pierce
v.
Society of Sisters
, 268 U. S. 510 (1925);
West Virginia Bd. of Ed.
v.
Barnette
,
in assessing whether a remedy falls within federal courts’
equity jurisdiction under the Judiciary Act, this Court has
asked “[w]hether the relief . . . was traditionally accorded
by courts of equity.”
Grupo Mexicano,
527 U. S., at 319.
Grupo Mexicano
, however, does not dictate the level of gen-
erality for that historical inquiry, and general principles of
equity that themselves existed at the founding militate
against requiring a near exact match as the majority does.
Cf.
United States
v.
Rahimi
,
Indeed, equitable relief in the United States has evolved
in one respect to protect rights and redress wrongs that
even the majority does not question: Plaintiffs today may
obtain plaintiff-protective injunctions against Government
officials that block the enforcement of unconstitutional
laws, relief exemplified by
Ex parte Young
, 209 U. S. 123
(1908). That remedy, which traces back to the equity prac-
tice of mid-19th century courts, finds no analogue in the re-
lief exercised in the English Court of Chancery, which could
not enjoin the Crown or English officers. See
supra
, at 24,
n. 4; see also Sohoni,
The relative absence of universal injunctions against the United States before the late 20th century, moreover, re- flects constitutional and procedural limitations on judicial power, not equitable ones. Brief for Legal Historians in No. 24A884 as Amici Curiae 13–16. Until the enactment of the Amendments to the Administrative Procedure Act in 1976, sovereign immunity barred most suits against the Federal Government. Id ., at 14–15 (citing G. Sisk, Litigation With the Federal Government §4.10(b), p. 339 (2016)). Officer suits against Cabinet officials before that point, moreover, could be brought only in Washington, D. C., due to limits on personal jurisdiction and venue that existed at the time. Brief for Legal Historians in No. 24A884 as Amici Curiae 15–16. The later emergence of universal injunctions against the United States followed the removal of those bar- riers and the expansion of federal actions and laws. The rise of universal injunctions therefore represents equity’s essential adaptation to modern governance.
It is a “common expression . . . that Courts of Equity de- light to do justice, and not by halves.” Story, Commentaries on Equity Pleadings §72, at 74. The majority, however, de- lights to do justice by piecemeal. Its decision to strip the federal courts of the authority to issue universal injunctions of even flagrantly unlawful Government action represents a grave and unsupported diminution of the judicial power of equity. Centuries ago, Chief Justice Marshall warned that “[i]f the legislatures of the several states may, at will, ——————
[7] The majority’s expressed support for such injunctions is thus irrecon- cilable with its view that equitable remedies must be very closely “ ‘anal- ogous’ to the relief ‘ “exercised by the High Court of Chancery in England at the time of the adoption of the Constitution and the enactment of the original Judiciary Act.” ’ ” Ante, at 6.
32
annul the judgments of the courts of the United States, and
destroy the rights acquired under those judgments, the con-
stitution itself becomes a solemn mockery.”
United States
v.
Peters
,
C
Even the majority’s view of the law cannot justify issu-
ance of emergency relief to the Government in these cases,
for the majority leaves open whether these particular in-
junctions may pass muster under its ruling. Indeed, the
lower courts issued the challenged injunctions consistent
with an equitable principle that even the majority em-
braces: Courts may award an equitable remedy when it is
“necessary to provide complete relief to the plaintiffs.”
Cali-
fano
v.
Yamasaki
,
So too does the Court recognize that, in some cases, com-
plete relief will require a broad remedy that necessarily
benefits nonparties. See
ante,
at 17, n. 13 (“There may be
other injuries for which it is all but impossible for courts to
craft relief that is both complete
and
benefits only the
named plaintiffs”); see also
Gill
v.
Whitford
,
[8] That explains the majority’s bottom line, in which it declares that the Government’s applications are “granted, but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue.” Ante , at 27.
sance hypothetical: If a plaintiff sues her neighbor for play- ing loud music at night, a court can order the neighbor to turn off the music at night, even if doing so will naturally benefit other neighbors who are not parties to the suit. See ante, at 16–17.
The majority need not resort to hypotheticals, however,
because the very injunctions in these cases were necessary
to give respondents complete relief. Indeed, each District
Court found that a universal injunction was the only feasi-
ble option to redress fully respondents’ injuries. See 763
F. Supp. 3d, at 746 (concluding that “[o]nly a nationwide in-
junction will provide complete relief to the plaintiffs” be-
cause the organizational plaintiffs have “ ‘over 680,000
members . . . who reside in all 50 U.S. states and several
U.S. territories’ ” and “ ‘[h]undreds or even thousands’ ” of
those members “ ‘will give birth to children in the United
States over the coming weeks and months’ ” (alterations in
original));
Recognizing as much, the majority retreats to the view that, even if a court “ can award complete relief,” it “ should [not] do so” reflexively. Ante, at 18; see also ibid . (“Com- plete relief is not a guarantee—it is the maximum a court can provide”); ante, at 2 (opinion of T HOMAS , J.) (suggesting courts “err insofar as they treat complete relief as a man- date”). Even so, the Court never suggests that the District Courts in these cases should not have awarded relief to the parties that completely remedied their alleged injuries. Nor could it. The majority recognizes that “in equity, ‘the broader and deeper the remedy the plaintiff wants, the stronger the plaintiff ’s story needs to be.’ ” Ante, at 18–19. *87 Here, respondents paired their respective requests for com- plete relief with the strongest story possible: Without such relief, an executive order that violates the Constitution, fed- eral law, Supreme Court precedent, history, and over a cen- tury of Executive Branch practice would infringe upon their constitutional rights or cause them to incur significant fi- nancial and administrative costs.
Perhaps that is why the majority leaves open the possi- bility that the District Courts, in these cases, could have granted at least respondent States a nationwide injunction consistent with the notion of “complete relief.” The majority recognizes, correctly, that the Massachusetts District Court “decided that a universal injunction was necessary to pro- vide the States themselves with complete relief.” Ante, at 18. [9] And the majority does not dispute the basis for those decisions: “Children often move across state lines or are born outside their parents’ State of residence,” and “th[is] cross-border flow” would make an injunction protecting only children born in the party States “unworkable.” Ante, 18 . A narrower injunction would “require [the States] to track and verify the immigration status of the parents of every child, along with the birth State of every child for whom they provide certain federally funded benefits.” Ante , at 18. Unrebutted record evidence bears this out and shows that the Citizenship Order would irreparably harm the States, even if it does not apply to children born within their boundaries. The Court does not contend otherwise. That should be the end of the matter.
——————
[9] In the majority’s telling, the Washington District Court “acknowl- edged the state respondents’ complete relief argument but primarily granted a universal injunction” based on its weighing of the equities. See ante, at 18, n. 14. Not so. That court carefully explained why “a geo- graphically limited injunction would be ineffective, as it would not com- pletely relieve [the States] of the Order’s financial burden(s).” 765 F. Supp. 3d 1142, 1153–1154 (2025). A narrower injunction, it explained, would be “unworkable” and would itself likely impose new “recordkeep- ing and administrative burden[s]” on the States. Id ., at 1154.
Nevertheless, the majority suggests that the District Courts might consider, after this Court hands down its de- cision, whether some alternative narrower injunction would provide the States complete relief. See ibid . What would such an injunction look like, and would it be feasible? The Court does not say. The majority does note, but takes no position on, two narrower injunctions the Government claims would still give complete relief to the States: an or- der prohibiting the Government from enforcing the Citizen- ship Order in respondent States, including as to state resi- dents born elsewhere; or an order directing the Government to treat children covered by the Citizenship Order as eligi- ble for federally funded welfare benefits when those chil- dren reside in a respondent State. See ibid. (citing Appli- cation for Partial Stay of Injunction in No. 24A884, p. 23).
As an initial matter, the Government never raised those
narrower injunctions to the District Courts, meaning it for-
feited them. That is what the First Circuit expressly held,
Those proffered alternatives, moreover, are unworkable *89 on their face. Each would require creating a two-tiered scheme in which the Government’s recognition of some chil- dren’s citizenship status or eligibility for federally funded benefits would change based on whether a child resides in one of respondent States at any given moment. That scheme would have to operate, somehow, without imposing an administrative burden on respondent States or disrupt- ing their receipt of federal funds to which they are entitled. “[T]he regular movement of the American people into and out of different States . . . would make it difficult to sensibly maintain such a scattershot system.” Ante, at 5 (opinion of K AVANAUGH , J.).
Such a system would also be incompatible with federal law. Some statutes, like those governing Medicaid and Supplemental Nutrition Assistance Program (SNAP) bene- fits, require States to give benefits only to applicants with a Social Security number and to use those numbers for cer- tain administrative purposes. See, e . g ., 7 U. S. C. §2025(e); 42 U. S. C. §1320b–7(a)(1). States could not comply with those laws under the Government’s alternative injunctions because children covered by the Citizenship Order in non- party States would still be treated as noncitizens at birth. Thus, when some of those children later move to one of re- spondent States, they would lack Social Security numbers. No matter how it is done, discarding the nationwide status quo of birthright citizenship would result in chaos.
What is more, the principle of complete relief does not re-
quire courts to award only the absolute narrowest injunc-
tion possible. To conclude otherwise would eviscerate the
“discretion and judgment” that is integral to the crafting of
injunctive relief.
International Refugee Assistance Project
,
582 U. S., at 579. Indeed, equitable relief “[t]raditionally
. . . has been characterized by a practical flexibility in shap-
ing its remedies and by a facility for adjusting and reconcil-
ing public and private needs.”
Brown
v.
Board of Educa-
tion
,
Accordingly, the District Courts appropriately deter- mined that the “only one feasible option” that would give complete relief to the States was a universal injunction. See ibid . Clearly, the majority is asking the lower courts themselves to explain what is patently obvious about the Government’s proposed injunctions and any others that can be imagined.
Inexplicably, however, the Court declares that, for the as- sociational and individual respondents, injunctions enjoin- ing the Government from enforcing the Citizenship Order against them (and only them) would have sufficed. See ante, at 17–18. In fashioning equitable relief, however, courts must take into account “ ‘what is workable.’ ” North Carolina v. Covington , 581 U. S. 486, 488 (2017) ( per cu- riam ). Just like the injunction that the majority blesses in the context of its nuisance-suit hypothetical, which will be- stow a peaceful night upon the plaintiff ’s neighbors even when the plaintiff is not herself at home, the preliminary injunction for the associational and individual respondents reflects what is practicable. As the Maryland District Court found, “ ‘hundreds or even thousands’ ” of the associational respondents’ members, who reside in all 50 States, “ ‘will give birth to children in the United States over the coming weeks and months.’ ” 763 F. Supp. 3d, at 746. Theoreti- cally, it might be possible for a court to fashion an injunc- tion that runs to each of the thousands of expectant moth- ers in that group. But see ante, at 5 (opinion of K AVANAUGH , J.) (“Often, it is not especially workable or sustainable or desirable to have a patchwork scheme . . . in which a major new federal statute or executive action . . . applies to some people or organizations in certain States or *91 OTOMAYOR regions, but not to others”). Yet anything less than a na- tionwide injunction creates a risk that the Government, in- advertently or intentionally, will enforce the Citizenship Order against some of the plaintiffs’ children before this Court rules definitively on the Order’s lawfulness.
A narrower injunction would necessarily task “[t]hose [re-
sponsible for] determining a baby’s citizenship status . . .
with [correctly] confirming [biological] parentage, the citi-
zenship or immigration status of both [biological] parents,
and membership in specific organizations.” Opposition to
Application for Partial Stay of Injunction in No. 24A884, p.
24. That, in turn, would “impose an enormous burden on
expecting parents, membership organizations, government
employees at all levels, and hospital staff,” increasing the
risk of mistake.
Ibid
. The risk of noncompliance is also
particularly stark here, where the challenged action itself
reflects an utter disregard for settled precedent, and given
the Government’s repeated insistence that it need not pro-
vide notice to individuals before their sudden deportations.
See,
e
.
g
.,
A. A. R. P.
v.
Trump
, 605 U. S. ___, ___ (2025)
(
per curiam
) (slip op., at 2);
Department of Homeland Secu-
rity
v.
D. V. D.
,
At the very least, there is no reason to think that the Dis-
trict Court abused its discretion in deciding that only a na-
tionwide injunction could protect the plaintiffs’ fundamen-
tal rights. See
Ashcroft
,
D
The equities and public interest weigh decisively against the Government. For all of the reasons discussed, the Citi- zenship Order is patently unconstitutional. To allow the Government to enforce it against even one newborn child is an assault on our constitutional order and antithetical to equity and public interest. Cf. Salazar v. Buono , 559 U. S. 700, 714–715 (2010) (plurality opinion) (“ ‘[A] court must never ignore . . . circumstances underlying [equitable relief] lest the decree be turned into an “instrument of wrong” ’ ”).
Meanwhile, newborns subject to the Citizenship Order
will face the gravest harms imaginable. If the Order does
in fact go into effect without further intervention by the Dis-
trict Courts, children will lose, at least for the time being,
“a most precious right,”
Kennedy
v.
Mendoza-Martinez
, 372
U. S. 144, 159 (1963), and “cherished status” that “carries
with it the privilege of full participation in the affairs of our
society,”
Knauer
v.
United States
,
The Order will cause chaos for the families of all affected children too, as expecting parents scramble to understand whether the Order will apply to them and what ramifica- tions it will have. If allowed to take effect, the Order may even wrench newborns from the arms of parents lawfully in the United States, for it purports to strip citizenship from the children of parents legally present on a temporary ba- sis. See 90 Fed. Reg. 8449. Those newborns could face de- portation, even as their parents remain lawfully in the country. In light of all these consequences, there can be no serious question over where the equities lie in these cases.
IV
The Court’s decision is nothing less than an open invita- tion for the Government to bypass the Constitution. The Executive Branch can now enforce policies that flout settled law and violate countless individuals’ constitutional rights, and the federal courts will be hamstrung to stop its actions fully. Until the day that every affected person manages to become party to a lawsuit and secures for himself injunctive relief, the Government may act lawlessly indefinitely.
Not even a decision from this Court would necessarily bind the Government to stop, completely and permanently, its commission of unquestionably unconstitutional conduct. The majority interprets the Judiciary Act, which defines the equity jurisdiction for all federal courts, this Court in- cluded, as prohibiting the issuance of universal injunctions (unless necessary for complete relief ). What, besides eq- uity, enables this Court to order the Government to cease *94 completely the enforcement of illegal policies? The majority does not say. So even if this Court later rules that the Cit- izenship Order is unlawful, we may nevertheless lack the power to enjoin enforcement as to anyone not formally a party before the Court. In a case where the Government is acting in open defiance of the Constitution, federal law, and this Court’s holdings, it is naive to believe the Government will treat this Court’s opinions on those policies as “ de facto ” universal injunctions absent an express order directing to- tal nonenforcement. Ante , at 6 (opinion of K AVANAUGH , J.).
Indeed, at oral argument, the Government refused to commit to obeying any court order issued by a Federal Court of Appeals holding the Citizenship Order unlawful (except with respect to the plaintiffs in the suit), even within the relevant Circuit. Tr. of Oral Arg. 61–63. To the extent the Government cannot commit to compliance with Court of Appeals decisions in those Circuits, it offers no principled reason why it would treat the opinions of this Court any differently nationwide. Thus, by stripping even itself of the ability to issue universal injunctions, the Court diminishes its role as “the ultimate decider of the interim [and permanent] legal status of major new federal statutes and executive actions.” Ante , at 3 (opinion of K AVANAUGH , J.).
There is a serious question, moreover, whether this Court will ever get the chance to rule on the constitutionality of a policy like the Citizenship Order. Contra, ante , at 6 (opin- ion of K AVANAUGH , J.) (“[T]he losing parties in the courts of appeals will regularly come to this Court in matters involv- ing major new federal statutes and executive actions”). In the ordinary course, parties who prevail in the lower courts generally cannot seek review from this Court, likely leaving it up to the Government’s discretion whether a petition will *95 be filed here. [10] These cases prove the point: Every court to consider the Citizenship Order’s merits has found that it is unconstitutional in preliminary rulings. Because respond- ents prevailed on the merits and received universal injunc- tions, they have no reason to file an appeal. The Govern- ment has no incentive to file a petition here either, because the outcome of such an appeal would be preordained. The Government recognizes as much, which is why its emer- gency applications challenged only the scope of the prelim- inary injunctions.
Even accepting that this Court will get the opportunity to “ac[t] as the ultimate decider” of patently unlawful policies, ante, at 3 (opinion of K AVANAUGH , J.), and that the Execu- tive Branch will treat this Court’s opinions as de facto uni- versal injunctions, [11] it is still necessary for the lower courts to have the equitable authority to issue universal injunc- tions, too. As J USTICE K AVANAUGH notes, it can take, at a minimum, “ weeks ” for an application concerning a major ——————
[10] On rare occasion, this Court has permitted a party who prevailed in
the lower courts nonetheless to obtain this Court’s review of a legal ques-
tion. See,
e
.
g
.,
Camreta
v.
Greene
,
[11] The majority insists that the constitutionality of the Citizenship Or- der will come before this Court eventually and that, when it does, the Government will obey this Court’s resulting opinion with respect to all newborn children. Ante, at 25, n. 18. Why? The majority is sure that the Government will honor its oral-argument promises to “ ‘seek cert’ ” when it “ ‘lose[s] one of ’ ” its pending appeals and to “respect both the judgments and opinions of this Court.” Ibid. (quoting Tr. of Oral Arg. 50). The majority’s certainty that the Government will keep its word is nothing short of a leap of faith, given that the Government has adopted a plainly unconstitutional policy in defiance of this Court’s precedent and then gamed the system to stymie this Court’s consideration of the policy’s merits. In any event, the Government’s promise is cold comfort to the many children whose parents do not file a lawsuit and whose citizenship status remains in flux pending this Court’s review.
new policy to reach this Court. Ibid . In the interim, the Government may feel free to execute illegal policies against nonparties and cause immeasurable harm that this Court may never be able to remedy. Indeed, in these cases, there is a serious risk the Government will seek to deport new- borns whose parents have not filed suit if all the injunctions are narrowed on remand. That unconscionable result only underscores why it is necessary, in some cases, for lower courts to issue universal injunctions.
Fortunately, in the rubble of its assault on equity juris-
diction, the majority leaves untouched one important tool
to provide broad relief to individuals subject to lawless Gov-
ernment conduct: Rule 23(b)(2) class actions for injunctive
relief. That mechanism may provide some relief, but it is
not a perfect substitute for a universal injunction. First, a
named plaintiff must incur the higher cost of pursuing class
relief, which will involve, at a minimum, overcoming the
hurdle of class certification. “ ‘[D]emonstrating th[e] pre-
requisites’ ” of numerosity, commonality and typicality and
the adequacy of the named plaintiff to represent the class
“ ‘is difficult and time consuming and has been getting
harder as a result of recent court decisions and federal leg-
islation.’ ”
Chicago
v.
Barr
,
Nevertheless, the parents of children covered by the Cit- izenship Order would be well advised to file promptly class- action suits and to request temporary injunctive relief for the putative class pending class certification. See A. A. R. P. , 605 U. S., at ___ (slip op., at 7); Califano , 442 U. S., at 701–703; see also ante, at 1–2 (opinion of K AVANAUGH , J.) (recognizing that lower courts, in some cir- cumstances, can “award preliminary classwide relief that may . . . be statewide, regionwide, or even nationwide”). For suits challenging policies as blatantly unlawful and harmful as the Citizenship Order, moreover, lower courts would be wise to act swiftly on such requests for relief and to adjudicate the cases as quickly as they can so as to enable this Court’s prompt review.
* * *
The rule of law is not a given in this Nation, nor any
other. It is a precept of our democracy that will endure only
if those brave enough in every branch fight for its survival.
Today, the Court abdicates its vital role in that effort. With
the stroke of a pen, the President has made a “solemn mock-
ery” of our Constitution.
Peters
,
J ACKSON SUPREME COURT OF THE UNITED STATES
_________________ No. 24A884 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . v. CASA, INC., ET AL . ON APPLICATION FOR PARTIAL STAY _________________ No. 24A885 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . v. WASHINGTON, ET AL . ON APPLICATION FOR PARTIAL STAY _________________ No. 24A886 _________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL . NEW JERSEY, ET AL . ON APPLICATION FOR PARTIAL STAY
[June 27, 2025]
J USTICE J ACKSON , dissenting.
I agree with every word of J USTICE ’s dissent. I write separately to emphasize a key conceptual point: The Court’s decision to permit the Executive to violate the Con- stitution with respect to anyone who has not yet sued is an existential threat to the rule of law.
It is important to recognize that the Executive’s bid to vanquish so-called “universal injunctions” is, at bottom, a request for this Court’s permission to engage in unlawful behavior. When the Government says “do not allow the lower courts to enjoin executive action universally as a rem- edy for unconstitutional conduct,” what it is actually saying
J ACKSON is that the Executive wants to continue doing something that a court has determined violates the Constitution— please allow this. That is some solicitation. With its ruling today, the majority largely grants the Government’s wish. But, in my view, if this country is going to persist as a Na- tion of laws and not men, the Judiciary has no choice but to deny it.
Stated simply, what it means to have a system of govern- ment that is bounded by law is that everyone is constrained by the law, no exceptions. And for that to actually happen, courts must have the power to order everyone (including the Executive) to follow the law—full stop. To conclude other- wise is to endorse the creation of a zone of lawlessness within which the Executive has the prerogative to take or leave the law as it wishes, and where individuals who would otherwise be entitled to the law’s protection become subject to the Executive’s whims instead.
The majority cannot deny that our Constitution was de- signed to split the powers of a monarch between the govern- ing branches to protect the People. Nor is it debatable that the role of the Judiciary in our constitutional scheme is to ensure fidelity to law. But these core values are strangely absent from today’s decision. Focusing on inapt compari- sons to impotent English tribunals, the majority ignores the Judiciary’s foundational duty to uphold the Constitution and laws of the United States. The majority’s ruling thus not only diverges from first principles, it is also profoundly dangerous, since it gives the Executive the go-ahead to sometimes wield the kind of unchecked, arbitrary power the Founders crafted our Constitution to eradicate. The very institution our founding charter charges with the duty to ensure universal adherence to the law now requires judges to shrug and turn their backs to intermittent lawlessness. With deep disillusionment, I dissent.
J ACKSON
I
To hear the majority tell it, this suit raises a mind-numb- ingly technical query: Are universal injunctions “suffi- ciently ‘analogous’ to the relief issued ‘by the High Court of Chancery in England at the time of the adoption of the Con- stitution and the enactment of the original Judiciary Act’ ” to fall within the equitable authority Congress granted fed- eral courts in the Judiciary Act of 1789? Ante , at 6. But that legalese is a smokescreen. It obscures a far more basic question of enormous legal and practical significance: May a federal court in the United States of America order the Executive to follow the law?
A
To ask this question is to answer it. In a constitutional Republic such as ours, a federal court has the power to or- der the Executive to follow the law—and it must. It is axi- omatic that the Constitution of the United States and the statutes that the People’s representatives have enacted govern in our system of government. Thus, everyone, from the President on down, is bound by law. By duty and na- ture, federal courts say what the law is (if there is a genuine dispute), and require those who are subject to the law to conform their behavior to what the law requires. This is the essence of the rule of law.
Do not take my word for it. Venerated figures in our Na-
tion’s history have repeatedly emphasized that “[t]he es-
sence of our free Government is ‘leave to live by no man’s
leave, underneath the law’—to be governed by those imper-
sonal forces which we call law.”
Youngstown Sheet & Tube
Co.
v.
Sawyer
,
J ACKSON v.
Mine Workers
,
That familiar adage is more than just mere “ ‘rhetorical
flourish.’ ”
Cooper
,
Those who birthed our Nation limited the power of gov-
ernment to preserve freedom. As they knew all too well,
“constant experience shows us that every man invested
with power is apt to abuse it, and to carry his authority as
far as it will go.” Montesquieu, The Spirit of Laws, in 38
Great Books of the Western World 69 (T. Nugent transl., R.
Hutchins ed. 1952). But the Founders reasoned that the
vice of human ambition could be channeled to prevent the
country from devolving into despotism—ambition could be
“made to counteract ambition.” The Federalist No. 51, p.
322 (C. Rossiter ed. 1961) (J. Madison). If there were, say,
a Constitution that divided power across institutions “in
such a manner as that each may be a check on the other,”
then it could be possible to establish Government by and for
the People and thus stave off autocracy.
Ibid
.; see also
My-
ers
v.
United States
,
J ACKSON Through such separated institutions, power checks power. See Montesquieu, The Spirit of Laws, at 69. Our system of institutional checks thus exists for a reason: so that “the private interest of every individual may be a sentinel over the public rights.” The Federalist No. 51, at 322.
B
The distribution of power between the Judiciary and the
Executive is of particular importance to the operation of a
society governed by law. Made up of “ ‘free, impartial, and
independent’ ” judges and justices, the Judiciary checks the
political branches of Government by explaining what the
law is and “securing obedience” with it.
Mine Workers
, 330
U. S., at 308, 312 (opinion of Frankfurter, J.); see
Marbury
,
Quite unlike a rule-of-kings governing system, in a rule-
of-law regime, nearly “[e]very act of government may be
challenged by an appeal to law.”
Cooper
,
6
J ACKSON The power to compel the Executive to follow the law is
particularly vital where the relevant law is the Constitu-
tion. When the Executive transgresses an Act of Congress,
there are mechanisms through which Congress can assert
its check against the Executive unilaterally—such as, for
example, asserting the power of the purse. See K. Stith,
Congress’ Power of the Purse, 97 Yale L. J. 1343, 1360
(1988) (describing Congress’s ability to “regulat[e] execu-
tive branch activities by limitations on appropriations”).
But when the Executive violates the Constitution, the only
recourse is the courts. Eliminate that check, and our gov-
ernment ceases to be one of “limited powers.”
Gregory
v.
Ashcroft
,
II
With that background, we can now turn to this suit and ——————
[1] These foundational separation-of-powers principles are, of course, the doctrinal underpinnings of the observations I make in Parts II and III, infra . If my point is “difficult to pin down,” ante , at 22, that could be due to the majority’s myopic initial framing—it casts today’s emergency ap- plications as being solely about the scope of judicial authority, while ig- noring (or forgetting) the concomitant expansion of executive power that results when the equitable remedial power of judges is needlessly re- stricted. Or perhaps the culprit is the majority’s threshold decision to rest its holding solely on the Judiciary Act, ante , at 5, n. 4, thereby facil- itating its convenient sidestepping of the startling constitutional impli- cations that follow from blanket limitations on the Judiciary’s response to the Executive’s lawlessness. Whatever the source of the majority’s confusion, there is no question that its statutory holding restricting the traditional equitable power of federal courts to craft a suitable remedy for established (or likely) constitutional violations has significant rami- fications for the separation of powers and for constitutional rights more broadly. J USTICE thoroughly explains why restricting judges in this manner is legally and historically unfounded. My goal is to high- light the myriad ways in which the majority’s newly minted no-univer- sal-injunctions limitation also subverts core constitutional norms and is fundamentally incompatible with the rule of law.
J ACKSON focus on the ways in which the majority’s ruling under-
mines our constitutional system. J USTICE has
laid out the relevant facts, see
ante
, at 9–13 (dissenting
opinion), and I will not repeat what she has said. It suffices
for my purposes to reiterate that, before these applications
arrived here, three District Courts had concluded that Ex-
ecutive Order No. 14160—which attempts to alter the Con-
stitution’s express conferral of citizenship on all who are
born in this Nation, Amdt. 14, §1—likely violates the Con-
stitution. Those courts each thus enjoined the Executive
from enforcing that order anywhere, against anyone. See
763 F. Supp. 3d 723 (Md. 2025), appeal pending, No. 25–
1153 (CA4);
The majority now does what none of the lower courts that have considered Executive Order No. 14160 would do: It al- lows the Executive’s constitutionally dubious mandate to go into effect with respect to anyone who is not already a plain- tiff in one of the existing legal actions. Notably, the Court has not determined that any of the lower courts were wrong about their conclusion that the executive order likely vio- lates the Constitution—the Executive has not asked us to rule on the lawfulness of Executive Order No. 14160. But the majority allows the Executive to implement this order (which lower courts have so far uniformly declared likely unconstitutional) nonetheless.
Given the critical role of the Judiciary in maintaining the rule of law, see Part I, supra , it is odd, to say the least, that the Court would grant the Executive’s wish to be freed from the constraints of law by prohibiting district courts from or- dering complete compliance with the Constitution. But the
J ACKSON majority goes there. It holds that, even assuming that Ex- ecutive Order No. 14160 violates the Constitution, federal courts lack the power to prevent the Executive from contin- uing to implement that unconstitutional directive.
As I understand the concern, in this clash over the respec- tive powers of two coordinate branches of Government, the majority sees a power grab—but not by a presumably law- less Executive choosing to act in a manner that flouts the plain text of the Constitution. Instead, to the majority, the power-hungry actors are . . . (wait for it) . . . the district courts. See ante , at 1 (admonishing district courts for dar- ing to “asser[t] the power” to order the Executive to follow the law universally). In the majority’s view, federal courts only have the power to “afford the plaintiff complete relief ” in the cases brought before them; they can do nothing more. Ante , at 16. And the majority thinks a so-called universal injunction—that is, a court order requiring the Executive to follow the law across the board and not just with respect to the plaintiff—“grant[s] relief to nonparties.” See ante , at 6– 8. Therefore, the majority reasons, issuing such orders ex- ceeds district courts’ authority. See ante , at 21.
So many questions arise. [2] The majority’s analysis is fully ——————
[2] Although I will not spend much space discussing it here, the major-
ity’s primary premise—that universal injunctions “grant relief to non-
parties”—is suspect. When a court issues an injunction (universal or
otherwise), it does so via an order that governs the relationship between
the plaintiff and the defendant. Fed. Rule Civ. Proc. 65(d). That order
provides the plaintiff with
relief
: If the plaintiff believes that the defend-
ant has violated the court’s order, she may come back to court, injunction
in hand, and demand enforcement or compensation through the mecha-
nism of civil contempt. See
Longshoremen
v.
Philadelphia Marine Trade
Assn.
,
J ACKSON interrogated, and countered, in J USTICE ’s dis- sent. My objective is to expose the core conceptual fallacy underlying the majority’s reasoning, which, to me, also tends to demonstrate why, and how, today’s ruling threat- ens the rule of law.
The pillar upon which today’s ruling rests is the major- ity’s contention that the remedial power of the federal courts is limited to granting “complete relief ” to the parties. Ante , at 15–16. And the majority’s sole basis for that prop- ——————
tection” ( i . e ., the ability to seek contempt) “extends only to the suing plaintiff.” Ante , at 17.
An injunction prohibiting the Executive from acting unlawfully oper-
ates precisely the same way. Such an injunction may benefit nonparties
as a practical matter—but only the named plaintiffs have the right to
return to the issuing court and seek contempt, if the Executive fails to
comply. See
Gompers
v.
Bucks Stove & Range Co.
,
Federal Rule of Civil Procedure 71 is not to the contrary. Contra,
ante
,
at 15, n. 11. At most, that rule and the cases the majority cites suggest
that, in certain narrow circumstances, a nonparty for whose benefit an
injunction was issued may be able to go to the issuing court and seek
contempt. But “the precise contours of Rule 71 . . . remain unclear,”
Beckett
v.
Air Line Pilots Assn.
, 995 F. 2d 280, 287–288 (CADC 1993),
and courts have largely recognized that, to the extent nonparty enforce-
ment of an injunction is available, the nonparty must stand in a close
relationship to the plaintiff or have been specifically named in the in-
junction. See
United States
v.
American Soc. of Composers, Authors, and
Publishers
,
J ACKSON osition is the practice of the High Court of Chancery in Eng- land. Ante , at 6–7 . But this cramped characterization of the Judiciary’s function is highly questionable when it comes to suits against the Executive. That is, even if the majority is correct that courts in England at the time of the founding were so limited—and I have my doubts, see ante , at 18–20 (S , J., dissenting)—why would courts in our constitutional system be limited in the same way ?
The Founders of the United States of America squarely rejected a governing system in which the King ruled all, and all others, including the courts, were his subordinates. In our Constitution-centered system, the People are the rulers and we have the rule of law. So, it makes little sense to look to the relationship between English courts and the King for guidance on the power of our Nation’s Judiciary vis-à-vis its Executive. See The Federalist No. 69, at 416 (A. Hamilton) (explaining how the President differs from the King, includ- ing because “[t]he person of the King of Great Britain is sa- cred and inviolable; there is no constitutional tribunal to which he is amenable”). Indeed, it is precisely because the law constrains the Government in our system that the Ju- diciary’s assignment is so broad, per the Constitution. Fed- eral courts entertain suits against the Government claim- ing constitutional violations. Thus, the function of the courts—both in theory and in practice—necessarily in- cludes announcing what the law requires in such suits for the benefit of all who are protected by the Constitution, not merely doling out relief to injured private parties.
Put differently, the majority views the Judiciary’s power through an aperture that is much too small, leading it to think that the only function of our courts is to provide “com- plete relief ” to private parties. Sure, federal courts do that, and they do it well. But they also diligently maintain the rule of law itself. When it comes to upholding the law, fed- eral courts ensure that all comers— i . e ., everyone to whom *108 11
J ACKSON the law applies and over whom the court has personal ju- risdiction (including and perhaps especially the Execu- tive)—know what the law is and, most important, follow it.
III
Still, upon reading the Court’s opinion, the majority’s foundational mistake in mischaracterizing the true scope and nature of a federal court’s power might seem only mar- ginally impactful. Indeed, one might wonder: Why all the fuss? After all, the majority recognizes that district courts can still issue universal injunctions in some circumstances. See ante , at 16–18. It even acknowledges that the lower ——————
[3] No one is saying that the reasoning of a district court’s opinion, on its own, “has the legal force of a judgment,” ante , at 22; of course it does not. The real issue today’s applications raise is whether district-court opin- ions are entitled to respect while litigation over the lawfulness of the de- fendant’s conduct is ongoing. As I have explained, the majority’s key move is to start by assuming that the remedial power of federal courts is quite narrow ( i.e. , it is only appropriately exercised to grant “complete relief ” to the parties). Ante , at 5–11, 16. The majority forgets (or ignores) that federal courts also make pronouncements of law and issue orders compelling compliance if violations are identified. Then, having zeroed in on solely the courts’ plaintiff-specific-remedies function, the majority unsurprisingly insists that a district court cannot respond to the Execu- tive’s decision to violate the law universally by issuing an order compel- ling universal cessation of the Executive’s unlawful behavior. This kind of broad injunction is merely one tool in a judge’s kit of remedial op- tions—one that is directly responsive to the court’s duty to uphold the law and the Executive’s decision to consciously violate it—and it is no more or less binding than any of the district court’s other determinations. So, rather than disdainfully securing permission to disregard the district court’s opinion and continue engaging in unlawful conduct vis-à-vis any- one who is not the plaintiff, an enjoined Executive that believes the dis- trict court was wrong to conclude that its behavior is unlawful has a rule- of-law-affirming response at the ready: It can seek expedited review of the merits on appeal. District courts themselves also have the flexibility to stay their injunctions pending appeal, if that is requested and the cir- cumstances demand it. But rather than permit lower courts to adapt their remedies to the particulars of a given case, the majority today ties judges’ hands, requiring them to acquiesce to executive lawlessness in every situation.
J ACKSON courts may reimpose the same universal injunctions at is- sue in these cases, if the courts find on remand that doing so is necessary to provide complete relief to the named plaintiffs. See ante , at 19. From the standpoint of out- comes, that’s all welcome news. But, as I explain below, from the perspective of constitutional theory and actual practice, disaster looms.
What I mean by this is that our rights-based legal system can only function properly if the Executive, and everyone else, is always bound by law. Today’s decision is a seismic shock to that foundational norm. Allowing the Executive to violate the law at its prerogative with respect to anyone who has not yet sued carves out a huge exception—a gash in the basic tenets of our founding charter that could turn out to be a mortal wound. What is more, to me, requiring courts themselves to provide the dagger (by giving their im- primatur to the Executive Branch’s intermittent lawless- ness) makes a mockery of the Judiciary’s solemn duty to safeguard the rule of law.
A
Do remember: The Executive has not asked this Court to determine whether Executive Order No. 14160 complies with the Constitution. Rather, it has come to us seeking the right to continue enforcing that order regardless — i.e. , even though six courts have now said the order is likely un- constitutional. What the Executive wants, in effect, is for this Court to bless and facilitate its desire to operate in two different zones moving forward: one in which it is required to follow the law (because a particular plaintiff has secured a personal injunction prohibiting its unlawful conduct), and another in which it can choose to violate the law with re- spect to certain people (those who have yet to sue).
In the first zone, law reigns. For the named plaintiffs in the suits before us, for example, the lower courts’ determi- *110 13
J ACKSON nation that Executive Order No. 14160 is likely unconstitu- tional and cannot be implemented has teeth. Per the courts’ orders, the Executive is prohibited from denying citizenship to the offspring of the named plaintiffs. See ante , at 26 (leaving the injunctions in place to the extent “necessary to provide complete relief to each plaintiff with standing to sue”). Within this zone, the courts’ rule of decision—that Executive Order No. 14160 is likely unconstitutional—ap- plies.
But with its ruling today, the majority endorses the crea- tion of a second zone—one in which that rule of decision has no effect. In this zone, which is populated by those who lack the wherewithal or ability to go to court, all bets are off. There is no court-issued mandate requiring the Executive to honor birthright citizenship in compliance with the Con- stitution, so the people within this zone are left to the pre- rogatives of the Executive as to whether their constitutional rights will be respected. It does not matter what six federal courts have said about Executive Order No. 14160; those courts are powerless to make the Executive stop enforcing that order altogether. In effect, then, that powerlessness creates a void that renders the Constitution’s constraints irrelevant to the Executive’s actions. Of course, the Execu- tive might choose to follow the law in this zone as well—but that is left to its discretion. And the Solicitor General has now confirmed that, in the absence of a personal injunction secured by a particular plaintiff, this Executive’s view is that compliance with lower court rulings on matters of con- stitutional significance is optional.
——————
[4] The Solicitor General said that quiet part out loud by baldly asserting that the Executive reserves the right to defy Circuit precedent. Tr. of Oral Arg. 33–34, 60–61. Although he further suggested that the admin- istration would abide by precedent from this Court in future similar cases, id. , at 35, 63, even that seems to be a matter of prerogative, as there is no inherent limit to the limited-scope-of-authority logic that un- derlies today’s holding, see ante , at 41 (S , J., dissenting). The
J ACKSON I am not the first to observe that a legal system that op- erates on two different tracks (one of which grants to the Executive the prerogative to disregard the law) is anath- ema to the rule of law. [5] Thus, the law-free zone that results from this Court’s near elimination of universal injunctions is not an unfamiliar archetype. Also eerily echoing history’s horrors is the fact that today’s prerogative zone is unlikely to impact the public in a randomly distributed manner. Those in the good graces of the Executive have nothing to fear; the new prerogative that the Executive has to act un- lawfully will not be exercised with respect to them . Those who accede to the Executive’s demands, too, will be in the clear. The wealthy and the well connected will have little difficulty securing legal representation, going to court, and obtaining injunctive relief in their own name if the Execu- tive violates their rights.
Consequently, the zone of lawlessness the majority has now authorized will disproportionately impact the poor, the ——————
Executive’s less-than-sterling record of compliance with Supreme Court rulings to date casts further doubt on this compliance claim; as J USTICE has explained, the Executive Order at issue here seems to squarely violate at least one—and perhaps five—of our bedrock prece- dents. See ante , at 7–9 (dissenting opinion).
[5] See E. Fraenkel, The Dual State, pp. xiii, 3, 71 (1941) (describing the
way in which the creation of a “Prerogative State” where the Executive
“exercises unlimited arbitrariness . . . unchecked by any legal guaran-
tees” is incompatible with the rule of law); see also J. Locke, Second Trea-
tise of Civil Government 13 (J. Gough ed. 1948) (“[F]reedom of men under
government is to have a standing rule to live by, common to every one of
that society . . . and not to be subject to the . . . arbitrary will of another
man”); The Federalist No. 26, p. 169 (C. Rossiter ed. 1961) (A. Hamilton)
(contrasting the monarch’s “prerogative” with the emergence of “lib-
erty”);
Myers
v.
United States
,
J ACKSON uneducated, and the unpopular—
i
.
e
., those who may not
have the wherewithal to lawyer up, and will all too often
find themselves beholden to the Executive’s whims. This is
yet another crack in the foundation of the rule of law, which
requires “equality and justice in its application.”
Papa-
christou
v.
Jacksonville
,
The majority “skips over” these consequences. Ante , at 23. No one denies that the power of federal courts is lim- ited—both by the Constitution and by Congress. But the majority seems to forget (or ignores) that the Constitution and Congress also limit the power of the Executive. In ad- dition, it is indisputable that the Executive’s power to lev- erage physical force in a manner that directly threatens to deprive people of life, liberty, or property creates uniquely harmful risks when unconstrained by law. But the majority today roots its holding in a purported statutory limitation, not a constitutional one. Ante , at 5, n. 4. And, as I have explained, our Constitution gives federal courts the author- ity to order the Executive to stop acting unlawfully. See Part I, supra . To the extent Congress has attempted to strip federal courts of that power via the Judiciary Act (and, to be clear, I do not think it has, for the reasons J USTICE discusses, see ante , at 23–31), it is powerless to do so.
The bottom line is this: If courts do not have the authority to require the Executive to adhere to law universally, a dual-track system develops in which courts are ousted as guardians in some situations and compliance with law sometimes becomes a matter of executive prerogative. But “[t]here can be no free society without law administered through an independent judiciary.” Mine Workers , 330 U. S., at 312 (opinion of Frankfurter, J.). “If one man”—
J ACKSON even a very important man, and even a democratically elected man—“can be allowed to determine for himself what is law, every man can. That means first chaos, then tyr- anny.” Ibid.
B
This leads me to another potentially destructive aspect of today’s decision—the Court’s dismissive treatment of the solemn duties and responsibilities of the lower courts. Sworn judicial officers must now put on blinders and take a see-no-evil stance with respect to harmful executive con- duct, even though those same officials have already an- nounced that such conduct is likely unconstitutional. Yes, certain named plaintiffs have brought particular lawsuits seeking protection of their legal rights. But their claim is that Executive Order No. 14160 violates the Constitution. If the court agrees with them, why on Earth must it permit that unconstitutional government action to take effect at all?
I have already explained why the majority’s answer—be- cause the court is powerless to do anything but give “com- plete relief ” to those parties—is wrong in terms of the ac- tual scope of federal courts’ authority. See Part I, supra . I now observe that this response also erroneously suggests that a court does something wrongful when it imposes a universal injunction in a single plaintiff ’s lawsuit—akin to giving a windfall to those who do not deserve the law’s pro- tection because they have not sued. Ante , at 8–9, 12–15. This way of conceptualizing universal injunctions mistakes that remedy for the unearned spoils of particular adversar- ial engagements, rather than a necessary tool employed to defend the Constitution by reinforcing pre-existing rights.
Here is what I mean. Our Constitution indisputably con- *114 J ACKSON fers individual rights that operate as unequivocal protec- tions against government action. [6] Thus, a constrained Ex- ecutive— i.e. , one who is bound by the Constitution not to violate people’s rights—is a public benefit, guaranteed to all from the start, without regard to the nature or existence of any particular enforcement action. [7] Properly understood, then, when the Executive violates those pre-existing rights in a nonparticularized manner, a universal injunction merely restores what the People were always owed; that remedy does not improperly distribute an unearned benefit to those who did not have the temerity to secure it for them- selves by filing a lawsuit.
Or consider it the other way: When a court is prevented from enjoining the Executive universally after the Execu- tive establishes a universal practice of stripping people’s constitutional rights, anyone who is entitled to the Consti- tution’s protection but will instead be subjected to the Ex- ecutive’s whims is improperly divested of their inheritance. The Constitution is flipped on its head, for its promises are essentially nullified. [8] So, rather than having a governing ——————
[6] See, e.g. , Amdt. 1 (prohibiting the government from preventing the “free exercise” of religion or “abridging the freedom of speech”); Amdt. 2 (prohibiting the government from infringing on the right “to keep and bear Arms”); Amdt. 4 (prohibiting the government from conducting “un- reasonable searches and seizures”); Amdt. 5 (prohibiting the government from depriving persons of “life, liberty, or property, without due process of law”).
[7] In this way of framing the issue, nonparties are more than mere “in- cidental” beneficiaries of universal injunctions that require the Execu- tive to respect constitutional rights. See n. 2, supra . Rather, the very concept of constitutional rights makes the People intended beneficiaries of the constraints that the Constitution imposes on executive action.
[8] Again, the law binds the Executive from the outset in our constitu- tional scheme, for the benefit of all. See Part I, supra . Thus, a lawsuit is merely the vehicle that invokes the Judiciary’s power to check the Ex- ecutive by enforcing the law. The topsy-turvy scheme the majority cre- ates today gets those well-established norms exactly backward: The law disappears as an initial constraint on the Executive, and apparently only
J ACKSON system characterized by protected rights, the default be- comes an Executive that can do whatever it wants to whom- ever it wants, unless and until each affected individual af- firmatively invokes the law’s protection.
A concrete example helps to illustrate why this turnabout undermines the rule of law. Imagine an Executive who is- sues a blanket order that is blatantly unconstitutional—de- manding, say, that any and all of its political foes be sum- marily and indefinitely incarcerated in a prison outside the jurisdiction of the United States, without any hearing or chance to be heard in court. Shortly after learning of this edict, one such political rival rushes into court with his law- yer, claims the Executive’s order violates the Constitution, and secures an injunction that prohibits the Executive from enforcing that unconstitutional mandate. The upshot of to- day’s decision is that, despite that rival’s success in per- suading a judge of the unconstitutional nature of the Exec- utive’s proclamation, the court’s ruling and injunction can only require the Executive to shelve any no-process incar- ceration plan that targets that particular individual (the named plaintiff ); the Executive can keep right on rounding up its other foes, despite the court’s clear and unequivocal pronouncement that the executive order is unlawful.
The majority today says that, unless and until the other political rivals seek and secure their own personal injunc- tions, the Executive can carry on acting unconstitutionally with respect to each of them, as if the Constitution’s due process requirement does not exist. For those who get to court in time, their right not to be indefinitely imprisoned without due process will be protected. But if they are una- ble to sue or get to the courthouse too late, the majority says, oh well, there is nothing to be done, despite the fact ——————
exists if a particular plaintiff files a particular lawsuit in a particular court, claiming his (particular) entitlement. *116 19
J ACKSON that their detention without due process is plainly prohib- ited by law.
A Martian arriving here from another planet would see these circumstances and surely wonder: “ what good is the Constitution, then ?” What, really, is this system for protect- ing people’s rights if it amounts to this —placing the onus on the victims to invoke the law’s protection, and rendering the very institution that has the singular function of ensur- ing compliance with the Constitution powerless to prevent the Government from violating it? “Those things Ameri- cans call constitutional rights seem hardly worth the paper they are written on!”
These observations are indictments, especially for a Na- tion that prides itself on being fair and free. But, after to- day, that is where we are. What the majority has done is allow the Executive to nullify the statutory and constitu- tional rights of the uncounseled, the underresourced, and the unwary, by prohibiting the lower courts from ordering the Executive to follow the law across the board. Moreover, officers who have sworn an oath to uphold the law are now required to allow the Executive to blatantly violate it. Fed- eral judges pledge to support and defend the Constitution of the United States against all enemies, foreign or domes- tic. 5 U. S. C. §3331. They do not agree to permit unconsti- tutional behavior by the Executive (or anyone else). But the majority forgets (or ignores) this duty, eagerly imposing a limit on the power of courts that, in essence, prevents judges from doing what their oaths require.
——————
[9] The majority highlights a number of policy concerns that some say warrant restriction of the universal-injunction remedy. Ante , at 20–21. In my view, those downsides pale in comparison to the consequences of forcing federal courts to acquiesce to executive lawlessness. Moreover, and in any event, the various practical problems critics have identified are largely overblown. For example, while many accuse universal in- junctions of preventing percolation, the facts of this very suit demon- strate otherwise: Three different District Courts each considered the merits of Executive Order No. 14160, and appeals are now pending in
J ACKSON I view the demise of the notion that a federal judge can order the Executive to adhere to the Constitution—full stop—as a sad day for America. The majority’s unpersua- sive effort to justify this result makes it sadder still. It is the responsibility of each and every jurist to hold the line. But the Court now requires judges to look the other way after finding that the Executive is violating the law, shame- fully permitting unlawful conduct to continue unabated.
Today’s ruling thus surreptitiously stymies the Judici- ary’s core duty to protect and defend constitutional rights. It does this indirectly, by preventing lower courts from tell- ing the Executive that it has to stop engaging in conduct that violates the Constitution. Instead, now, a court’s power to prevent constitutional violations comes with an asterisk—a court can make the Executive cease its uncon- stitutional conduct *but only with respect to the particular plaintiffs named in the lawsuit before them, leaving the Ex- ecutive free to violate the constitutional rights of anyone and everyone else.
——————
three Courts of Appeals. See supra , at 7. Other prudential concerns are better addressed in more targeted ways, such as by changing venue rules to prevent forum or judge shopping, or by encouraging lower courts to expedite their review, thereby teeing the merits up for this Court as quickly as possible.
That is not to say that universal injunctions can or should be issued in every case; a court must always fit its remedy to the particular case be- fore it, and those particulars may caution against issuing universal relief in certain instances. See ante , at 22–23 (S OTOMAYOR , J., dissenting). But the Court today for the first time ever adopts a blanket authority-dimin- ishing rule: It declares that courts do not have the power to exercise their equitable discretion to order the Executive to completely cease acting pursuant to an unlawful directive (unless doing so is necessary to provide complete relief to a given plaintiff ). And, again, this very suit illustrates why that bright line rule goes much too far. As J USTICE em- phasizes, multiple courts have recognized that Executive Order No. 14160 is “patently unconstitutional under settled law,” and those courts thus issued the relief necessary to “protect newborns from the excep- tional, irreparable harm associated with losing a foundational constitu- tional right and its immediate benefits.” Ibid .
J ACKSON
* * *
Make no mistake: Today’s ruling allows the Executive to deny people rights that the Founders plainly wrote into our Constitution, so long as those individuals have not found a lawyer or asked a court in a particular manner to have their rights protected. This perverse burden shifting cannot co- exist with the rule of law. In essence, the Court has now shoved lower court judges out of the way in cases where ex- ecutive action is challenged, and has gifted the Executive with the prerogative of sometimes disregarding the law. As a result, the Judiciary—the one institution that is solely re- sponsible for ensuring our Republic endures as a Nation of laws—has put both our legal system, and our system of gov- ernment, in grave jeopardy.
“The accretion of dangerous power does not come in a
day.”
Youngstown
,
Perhaps the degradation of our rule-of-law regime would happen anyway. But this Court’s complicity in the creation of a culture of disdain for lower courts, their rulings, and the law (as they interpret it) will surely hasten the downfall
J ACKSON of our governing institutions, enabling our collective de- mise. At the very least, I lament that the majority is so caught up in minutiae of the Government’s self-serving, fin- ger-pointing arguments that it misses the plot. The major- ity forgets (or ignores) that “[w]ith all its defects, delays and inconveniences, men have discovered no technique for long preserving free government except that the Executive be under the law, and that the law be made by parliamentary deliberations.” Id ., at 655 (opinion of R. Jackson, J.). Trag- ically, the majority also shuns this prescient warning: Even if “[s]uch institutions may be destined to pass away,” “it is the duty of the Court to be last, not first, to give them up.” Ibid.