The Supreme Court partially allowed President Donald Trump’s birthright citizenship executive order on June 27 in a decision that said universal injunctions likely exceed courts’ authority.
The court limited the ability of federal judges to temporarily pause President Trump’s executive orders. But they made no ruling on the constitutionality of his move to end birthright citizenship, and stopped his order from taking effect for 30 days.
The 6–3 decision didn’t offer a final ruling on the constitutionality of Trump’s attempt to limit birthright citizenship but instead focused on whether three nationwide injunctions blocking the policy could stand.
“The Court grants the Government’s applications for a partial stay of the injunctions entered below, but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue,” it said.
The essence of the court’s holding today is that Congress, in creating the lower federal courts in the Judiciary Act of 1789, did not give district court judges the power to to issue nationwide or universal injunctions that prohibit the enforcement of a (likely illegal) government policy against anyone. Rather district court judges may only grant relief to specific plaintiffs. But in a concurring opinion, Justice Kavanaugh notes that broader orders will still be permissible when there is a class action lawsuit, or if a plaintiff is asking a judge to set aside a new agency rule under the Administrative Procedures Act.
From the bench, Justice Sotomayor calls the decision “a travesty for the rule of law.”
In a separate dissent for herself alone, Justice Jackson says she agrees with Justice Sotomayor but wants to emphasize that the majority’s decision permits the executive branch to violate the Constitution with respect to anyone who has not yet sued, and thus is ”an existential threat to the rule of law.” She says the technical arguments about what judicial authority in the 18th Century are a “smokescreen” to give the president “the go-ahead to sometimes wield the kind of unchecked, arbitrary power the Founders crafted our Constitution to eradicate.”
There is no reason for illegal aliens to have legalized citizen children. That’s the real smokescreen.
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The left and the media will say something similar to what that not so wise Latina – Sotomayor -said Lying trough their teeth they will say the Supreme court just gave MORE power to Trump, gave him King power, and gave him the power to break the rule of law, when the exact opposite is true. It was those judge… Read more »
Deporting thousands of illegals/month does nothing to the thousands that crossed every day under Biden. This is all an illusion with Trump leading the sales charge to make it look like MAGA is winning when in fact MAGA has won – nothing. Illegals STILL get: Monthly EBT card (in Maryland that’s $2800/month) Monthly food EBT card Govt paid furnished apartments… Read more »
I spend 5 minutes writing a throughtful comment 30 minutes ago and it gets banned. Not one word should have triggered the filter other than it was a conservative post.
Gee, wonder if this post will see the light of day.
I’m sorry. Did you get a message of any sort?
While not a 100% victory over District Court Judges who would usurp this President’s power to govern as the Constitution allows, it does provide American citizens some relief from these rogue judges.
In a week filled with good news for President Trump this is more good news for POTUS. Nope, not tired of winning yet.
Unfortunately, we will probably now see district court judges rubber stamping every lawfare case a “class action” lawsuit, even though is clearly not. I believe the communist think-tanks have judicial lawfare plans A, B, C & D and plan A just smacked down. They will now go on to plan B and what ever nonsense that entails. Don’t expect the… Read more »