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Monday, June 30, 2025

Adversarial Litigation

Yes, the Trump Administration will oppose class certification in CASA and all the other challenges to Trump policies. That says nothing about the correctness of CASA and to treat it as such willfully disregards the nature of constitutional litigation. For better or worse, the system delegates constitutional review to courts in the course of resolving disputes between adverse parties who operate in an adversarial system. Subject to ethical constraints, DOJ attorneys represent the government's best position before the court. Dragging CASA as illegitimate for requiring further litigation in which the government can pursue its favored position is not different in kind from the administration screaming about the illegitimacy of every adverse ruling. Again, had the Court rejected universality in 2024, this hearing would have happened--with the government taking the same position.

Posted by Howard Wasserman on June 30, 2025 at 03:29 PM in Civil Procedure, Constitutional thoughts, Howard Wasserman, Judicial Process | Permalink

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