Sonia Sotomayor Questions Class Action Concerns in Birthright Citizenship Case

Preliminary Injunction Standards

• ⚖️ Judge Sotomayor questions the separation of the likelihood of success on the merits from other factors in preliminary injunction analysis under the Winter factors.
• ⚠️ She emphasizes that the keystone of a universal injunction is not solely the merits, as other factors like balancing equities cannot be ignored.
• 🤝 The government's interest in enforcing an unconstitutional order is questioned, suggesting irreparable harm might be difficult to prove if constitutionality is not defended.

Equitable Considerations and Relief

• 📚 A quote from Professor Bray suggests that the broader and deeper the relief sought, the stronger the plaintiff's case must be, linking equitable considerations directly to the merits.
• ⚖️ The state admits its inability to pursue class action, limiting its claim to whether it is entitled to complete relief.

Class Action Concerns

• ❓ Sotomayor probes whether associational organizations can seek class action, with the response indicating individual plaintiffs can.
• 😟 There is nervousness about the government opposing a class certification motion, as such a process can be discovery-intensive and delay relief for plaintiffs.