Legal Pathways

The courts are a critical check on government power. Understanding how legal challenges work helps you follow and support this essential pathway.

Why Courts Matter

Courts can block unconstitutional actions, protect individual rights, and hold the government accountable to the law. Strategic litigation has been essential to civil rights progress throughout American history.

The Federal Court System

District Courts (Trial Level)

94 federal district courts hear cases initially. A single judge typically decides cases. This is where lawsuits begin and evidence is presented.

Circuit Courts of Appeals

13 circuit courts review district court decisions. Three-judge panels hear appeals. These courts set precedent for their geographic region.

Supreme Court

The highest court takes only cases it chooses (about 100-150 per year from thousands of requests). Its decisions are final and bind all other courts.

Court Injunctions and Legal Challenges

Federal courts have traditionally served as a check on executive overreach through injunctive relief - court orders that prevent the government from taking specific actions.

Types of Injunctions

Preliminary Injunctions

Temporary orders issued early in litigation to prevent harm while the case proceeds. These provide immediate relief but require showing likelihood of success on the merits.

Permanent Injunctions

Final orders issued after trial that permanently block the challenged government action. These require winning the case on its merits.

Universal (Nationwide) Injunctions

Orders that apply beyond just the parties in the case, potentially blocking a policy across the entire country. These have been significantly limited by recent Supreme Court decisions.

June 2025 Supreme Court Decision

In a significant 6-3 ruling, the Supreme Court limited the ability of federal judges to issue nationwide injunctions. The Court held that universal injunctions "lack a historical pedigree" and fall outside federal court authority. Justice Barrett wrote that "nothing like a universal injunction was available at the founding, or for more than a century thereafter." Federal courts can now only issue injunctions providing relief to the parties before them.

Impact of the Ruling

  • - Prior to this ruling, federal judges had issued at least 25 universal injunctions challenging administration policies since January 2025
  • - Justice Jackson called the ruling "an existential threat to the rule of law"
  • - Justice Sotomayor argued it "kneecaps the Judiciary's authority to stop the Executive from enforcing even the most unconstitutional policies"
  • - Class action lawsuits have now become the primary alternative strategy

Class Actions as Alternative Strategy

Following the Supreme Court's limitation on nationwide injunctions, class action lawsuits have become the primary legal strategy for achieving broad relief.

How Class Actions Work

  • Certification: A court must certify that a "class" of people shares common legal issues
  • Representation: Named plaintiffs represent the entire class in the lawsuit
  • Nationwide reach: By certifying a nationwide class, relief can still apply broadly
  • Shared costs: Legal costs are distributed across the class

Example: Birthright Citizenship Case (July 2025)

US District Judge Joseph Laplante granted class certification and issued a preliminary injunction blocking Trump's birthright citizenship order nationwide. This demonstrates that class actions can still achieve broad relief by certifying a nationwide class of affected individuals, though they require more procedural steps.

How Legal Challenges Work: 4 Steps

1

Establish Standing

Plaintiffs must demonstrate concrete injury from the government action. You cannot sue just because you disagree with a policy - you must show it directly harms you.

2

File in Federal District Court

Cases are filed in one of the 94 federal district courts. Strategic choice of venue can affect the case, as different circuits have different judicial compositions.

3

Seek Preliminary Injunction

Courts may issue temporary relief if plaintiffs show: likelihood of success on the merits, irreparable harm without relief, balance of equities favors relief, and public interest supports relief.

4

Appeals Process

Decisions can be appealed to Circuit Courts of Appeals and potentially to the Supreme Court. This process can take months or years to fully resolve.

Types of Legal Challenges

Injunctions

Court orders that stop the government from taking certain actions. A preliminary injunction can halt a policy while the case is decided. A permanent injunction makes that halt permanent.

Habeas Corpus

A petition challenging unlawful detention. The government must justify why someone is being held. This is a fundamental protection against arbitrary imprisonment.

Class Action Lawsuits

When many people are affected by the same policy, a class action allows them to sue together. This amplifies impact and shares legal costs. Now the primary vehicle for nationwide relief following Supreme Court limits on universal injunctions.

Constitutional Challenges

Claims that a law or policy violates the Constitution. Courts can strike down unconstitutional laws or executive actions.

Following Important Cases

Where to Track Cases:

  • • CourtListener — Free database of court opinions and filings
  • • Oyez — Supreme Court cases with audio of oral arguments
  • • SCOTUSblog — Analysis of Supreme Court cases
  • • ACLU, NAACP LDF, and other organizations' case trackers
  • • Law school clinics and legal journalism (Lawfare, etc.)

When a case is filed, it may take months or years to resolve. Preliminary injunctions can provide faster relief while the full case proceeds.

Legal Defense Organizations

These organizations file lawsuits, provide legal representation, and defend civil liberties through strategic litigation. Supporting them amplifies your impact.

ACLU (American Civil Liberties Union)

Founded in 1920, the ACLU is America's oldest civil liberties organization with affiliates in all 50 states, DC, and Puerto Rico.

2025 Impact

  • - Over 230 legal actions against the Trump administration
  • - 64% success rate in delaying, diluting, or defeating challenged policies
  • - $383 million budget (2024)

Key areas: Immigrants' rights, voting rights, LGBTQ rights, First Amendment protections, "Firewall for Freedom" proposals in states and cities

Brennan Center for Justice

Founded in 1995 at NYU Law School, the Brennan Center works to reform and defend systems of democracy and justice.

Key Programs

  • - Democracy Program: Voting rights, campaign finance reform, redistricting, fair courts
  • - Justice Program: Criminal justice reform
  • - Liberty and National Security: Confronting abuses of executive power

Recent action: Filed lawsuit challenging executive order requiring documentary proof of citizenship for voter registration.

Democracy Forward / Democracy 2025

A coalition of 650+ organizations committed to defending rights and democracy through strategic legal action.

2025 Impact

  • - Over 150 lawsuits filed against the executive branch
  • - Over 250 investigations launched
  • - Over 1,500 records demands across federal agencies
  • - Nearly 100 positive court rulings

National Lawyers Guild (NLG)

Founded in 1937 as the nation's first racially integrated bar association.

Key Programs

  • - Mass Defense Program: Legal support for protests and movements
  • - National Police Accountability Project: Ending police abuse through legal action
  • - Military Law Task Force: Counseling on refusing illegal orders

League of Women Voters

Nonpartisan organization empowering voters and defending democracy through litigation, education, and advocacy.

2025 Focus Areas

  • - Election Hero Day (civic holiday recognizing election workers)
  • - Addressing poll worker shortages
  • - Voter education and protection
  • - Voting rights litigation

Additional Organizations

How Citizens Can Support Legal Challenges

Direct Support

  • Donate Litigation is expensive. Class action lawsuits require sustained funding. Even small donations help organizations file and maintain cases.
  • Serve as a Plaintiff Some cases need plaintiffs with standing - people directly affected by government action who can demonstrate concrete injury.
  • Provide Evidence Documentation of how policies affect you or your community can strengthen legal cases.

Amplify Impact

  • Participate in Amici Curiae Organizations submit "friend of the court" briefs. Your membership and support enables this work.
  • Spread Awareness Share information about important cases and their outcomes through social media and community networks.
  • Volunteer Legal Skills Lawyers can volunteer or work pro bono. Paralegals and law students can assist with research.
  • Become a Legal Observer Document civil liberties issues at protests and public events.

Understanding Limits

Courts Are Not a Complete Solution:

  • • Courts can only decide cases brought to them with proper standing
  • • Litigation is slow — policies can cause harm while cases proceed
  • • Court decisions depend on enforcement by the executive branch
  • • Judicial appointments affect how courts rule for decades
  • • Legal strategies work best combined with political and organizing strategies

Resources