Eric W. Profile picture
Conservative, Textualist, Originalist. University of Chicago AB/JD. Mostly bad takes, but politely. Generally Solicitous in Iowa

Mar 5, 8 tweets

*HUGE* Win for President Trump in the challenge to Chicago's law enforcement surge. This is a stunning rebuke of the district court, explaining that the order is necessary to stop futute courts from following. The district judge is chastened by the appeals judges for overstepping

Equally important is another court has joined in to explain the problems with district court judges entering so-called "putative" class actions. The Seventh Circuit recognizes the problems and orders courts to stop, under the Trump v. CASA decision.

"Recall that the plaintiffs asked the district court for an order voluntarily dismissing the case with prejudice pursuant to Rules 23(e) and 41(a). That ruling would bind the whole class, which is why the district court held a hearing and had
the parties notify the class...

...as Rule 23 requires. No class members or lead plaintiffs objected to dismissing this case with prejudice. Nor did anyone request an opt-out." Huge recognition of this problem in putative class actions.

Judge Easterbrook dissents. He would merely dismiss the appeal. But even he acknowledges serious concern with the district court's behavior here.

Read the full opinion here: media.ca7.uscourts.gov/cgi-bin/Opinio…

Huge win for @TheJusticeDept and Federal Programs specifically that had to manage what the Seventh Circuit has recognized as an unreasonable court that failed to follow the federal rules.

@TheJusticeDept Scholar Elias Neibert weighs in:

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