Trump’s lawyers are petitioning the Court to restrict the Temporary Restraining Orders (TROs) imposed by the lower courts to the named plaintiffs only, which they frame as a “modest” request. This is absurd. The subject of the TRO is a policy change, and it’s the policy itself that’s likely illegal. TROs are supposed to preserve the status quo while litigation proceeds. Grandfathering a handful of litigants in while letting the change go through in no way preserves the status quo. Striking down the power of lower courts to issue so-called “universal injunctions” would likely be an Equal Protection violation, or it would at least flood the lower courts with tens of thousands of plaintiffs individually filing cases to get the same relief.

How do you think the Court will rule on this? I’m inclined to think (hope?) we’ll have the same 5-4 majority uphold this TRO as we had in USAID v. AVAC last week.