With Today’s Case, Minor Judges Could Rule Rather Than the President

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The Supreme Court heard arguments today both for and against national injunctions by lower-level district judges. They are considering them in an executive order on Birthright Citizenship. However, the case is not based on the merits (Trump v. CASA). Birthright citizenship will not be decided.

Professor Jonathan Turley’s Opinion

Jonathan Turley said on X that “the Trump Administration has made a ‘modest request’ for the Court to limit the scope of lower-court injunctions to their immediate districts and parties, challenging the right of such courts to bind an Administration across the nation.

“The case is the consolidation of three matters: Trump v. CASA out of Maryland; Trump v. Washington out of Washington State, and Trump v. New Jersey, out of Massachusetts.

“These cases also present standing issues since the Administration challenges the argument that there is a cognizable “injury” to individuals who may travel to the states bringing the actions.

“Justices Thomas, Alito, and Kavanaugh seemed strongly in favor of the Administration. Roberts also made repeated points that seemed to support some of the arguments of the Administration, though it was not clear how he would vote.

“On the left, Kagan repeatedly strived to distinguish this case from her earlier objections to universal injunctions under the Biden Administration. She seemed solidly with Sotomayor and Jackson. That leaves Gorsuch and Barrett.

“Gorsuch has previously expressed criticism of universal injunctions but asked probing questions on both sides. Barrett seemed more accommodating in seeking a way to uphold universal injunctions.

“In other words, this could be a nail-biter. I think that the Administration still has an advantage in curtailing universal injunctions. However, I did not come away with the sense of a lock with a majority, particularly given Barrett’s questions. I am also unsure how Roberts and Gorsuch will play out on the details. Fortunately, we will likely know within a couple of weeks.”

Professor Margot Cleveland’s Take


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Tim Kuehl
Tim Kuehl
21 days ago

Lower courts being able to block a president’s every move will lead to anarchy. Why even have a president if lower courts can block is every move?

Anonymous
Anonymous
21 days ago

Why elect a President/Commander in Chief??? Rebuilding “Babel”???

86 the globalists
86 the globalists
22 days ago

Since when did “Minor Judges” obtain more power than the President of the United States? Since 2016 when the marxist coup began to overthrow a duly elected President.

The Prisoner
The Prisoner
22 days ago

As I read this a thought appeared. If I were a supreme court judge, I would not want some low level court 2 levels down from me making national rulings. The district courts not only usurp Trump’s power, they usurp the supreme court’s power. Minor leaguers have to make it to the major leagues if they want to play in the world series.