Law firms, class actions, and universality

Nora Freeman Engstrom (Stanford), Jonah Gelbach (Berkeley), and David Marcus (UCLA) have an essay (forthcoming in Stanford L. Rev. Online) arguing for 23(b)(2) class treatment of law firm challenges to Trump EOs. They explain the scope of the class, why a class is better than a universal injunction (even if those are possible), and why class litigation offers a viable alternative (despite stated concerns in many corners) at least in a case such as this where a single policy announcement affects all firms. A short-and-quick, but important read.