On September 23, 2024, WLF filed an amicus brief urging the Supreme Court to review a Ninth Circuit decision in an important separation-of-powers case. Despite Supreme Court precedent holding that district courts may not enter judgment for uninjured class members, the Ninth Circuit held that district courts may certify classes with uninjured members. As WLF’s brief shows, the Ninth Circuit’s ruling contravenes foundational separation-of-powers principles. The Founders gave federal courts constitutional jurisdiction over only cases and controversies. They did so to prevent the judiciary from governing the country through injunction. Similarly, the Take Care Clause gives the President the authority to enforce federal laws. But the Ninth Circuit’s decision improperly transfers that authority to the plaintiffs’ bar.
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