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UNITED STATES v. TEXAS

Gorsuch, J., concurring in judgment

the orderly review of important questions, lead to forum shopping, render meaningless rules about joinder and class actions, and facilitate efforts to evade the APA’s normal rulemaking processes. Vacatur can also sweep up nonparties who may not wish to receive the benefit of the court’s decision. Exactly that happened here. Dozens of States, counties, and cities tell us they did not seek and do not want the “benefit” of the district court’s vacatur order in this case. See Brief for New York et al. as Amici Curiae 1–2; Brief for 21 Cities, Counties, and Local Government Organizations as Amici Curiae 2–3.

More importantly still, universal relief, whether by way of injunction or vacatur, strains our separation of powers. It exaggerates the role of the Judiciary in our constitutional order, allowing individual judges to act more like a legislature by decreeing the rights and duties of people nationwide. This Court has warned that “[f]ew exercises of the judicial power are more likely to undermine public confidence in the neutrality and integrity of the Judiciary than one which casts [courts] in the role of a Council of Revision, conferring on [themselves] the power to invalidate laws at the behest of anyone who disagrees with them.” Arizona Christian School Tuition Organization v. Winn, 563 U. S. 125, 145–146 (2011). At a minimum, then, district courts must carefully consider all these things before doling out universal relief. And courts of appeals must do their part, too, asking whether party-specific relief can adequately protect the plaintiff’s interests. If so, an appellate court should not hesitate to hold that broader relief is an abuse of discretion. Cf. Kentucky v. Biden, 57 F. 4th 545, 556–557 (CA6 2023) (Larsen, J.). * In our system of government, federal courts play an important but limited role by resolving cases and controversies. Standing doctrine honors this limitation at the front