Originally published at: Birthright Citizenship Is Safe For Now. Nationwide Injunctions Are Not. - TPM – Talking Points Memo
The right-wing justices on Thursday were amenable to the Trump administration’s bid to pare back universal injunctions, a type of relief where lower-court judges block government policies for the whole country and not just the parties who brought the case. The case stems from Trump’s perhaps most blatantly unconstitutional executive order, in which he seeks…
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“As far as I see it, this order violates four Supreme Court precedents and you are claiming that both the Supreme Court and no lower court can stop an executive universally from violating those holdings by this court,” Sotomayor said, prompting disagreement from Sauer.
I’m sure Thomas and Co can live with that when a Qatari 747 shows up on his doorstep. I hear that is the current ‘gratuity’ for a US government official these days.
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I’m seeing media organizations all over the place on birthright citizenship.
They’ll screw us again.
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"Can you say ‘bad faith?’
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Ugh. The type of nationwide / universal injunctions during the first Trump admin were not the same as the crap the Republifascists were pushing during the Biden admin. The injunctions they sought were highly problematic because they couldn’t articulate a reasonable harm of the policy in question (Kacsmaryk’s mifepristone antics, for example). It always boiled down to “we don’t like it; stick your head in doo doo.” The EOs in the first Trump admin (eg. Muslim ban) and current stuff like removing birthright citizenship have OBVIOUS harms and are a clear departure from the status quo ante. It’s not even in the same ballpark. I’m sure if I tried really hard I could come up with a good bothsides argument about some nationwide injunction during the first Trump admin that really probably shouldn’t have been nationwide, but Jesus Herbert Walker Christ that’s not what the bulk of this stuff has been! It kinda pisses me off that Kagan was willing to make that false equivalency in service to her point.
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Pretty rich for Roberts to extol how rapidly the Supreme Court can respond, when he let the presidential immunity case drag out for unnecessary months. By the time they ruled, it was too late to do anything except screw up the case, and allowed Trump to run out the clock.
So tell me again how expeditiously the Supreme Court can act on matters of constitutional importance, John. You left out the unsaid part-- “when we want to.”
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Shorter Court: Sure birthright citizenship is in the Constitution. But surely you don’t expect us to enforce it any time soon?
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The Trump game plan is clear here - they want a period of time where they can illegally deport American citizens to places like El Salvador, then throw up their hands and say ‘nothing we can do to get them back’ when the whole thing is declared unconstitutional. That’s why they are fighting so hard against being forced to bring people like Garcia back.
The only question is whether the Sleazy Six will go along with this easily foreseeable atrocity.
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So from now until the SCOTUS rules over Birthright Citizenship, the ICE thugs can raid hospitals arrest the mother, the baby and whatever relatives were there keeping company and deport the whole bunch.
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The real story is the Trump Supreme Court that goes out of its way to support the criminal they all but ushered into the WH by giving him immunity, suppressing the vote every chance they got, and now carving out every narrow irrational argument they can muster to protect him.
Enough already.
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Is it really a question? But the answer is yes, the ICE thugs raid hospital nursery rooms. I’d say it is going to be 5-4, the Handmaiden has not been compromised with the luxury trips to exotic locations complete with underage sex.
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They have been bought, paid and compromised. They have to deliver.
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I think Justice “I Like Beer” is also a potential wildcard here. He seemed to question the practicality of immediately implementing a patchwork system where birthright citizenship is determined on a Circuit Court-by-Circuit Court basis.
Not that he wouldn’t go ahead with it, but he might demand his own pound of flesh first.
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Can someone explain this to me?
If a judge can only issue an order to an EO that affects a single person, even though the EO affects millions of people, doesn’t that violate equal protection? I know this clown car of Nazis thinks that’s fine if it benefits them, but how can we have a hodgepodge of thousands or millions of individual orders in the face of equal protection?
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Yes.
But this Court invented a whole Presidential immunity doctrine out of thin air, so I don’t think that would stop them.
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I didn’t want to think it was that simple, but this is where we are. A rogue president doing whatever the fuck he wants because he cannot be touched, no matter what he does. If he can convince Russel Vought to come up with an official reason why he needs to fuck a preteen girl, every night will be party night at the WH.
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“We’ve been able to move much more expeditiously — I think we did the TikTok case in a month,” he said, adding: “Is there any reason in this particular litigation that we would be unable to act expeditiously?”
Seriously the guy who forced all the courts to slow walk the Trump Immunity case is suddenly okay with judicial speed? Get fucked Roberts. He is the biggest POS on that court, and that includes Alito.
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This could actually be a blessing in disguise – remember how the 5th circuit judges halted Roe v Wade nationwide – and then the supremes upheld that. Not necessarily all bad if 5th circuit judges can’t make law for the whole nation.
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“Birthright Citizenship Is Safe For Now. Nationwide Injunctions Are Not.”
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With trump “in the driver’s seat” absolutely nothing is safe. Not. One. Damn. Thing.
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The birthright question did what it was meant to do, get this before the supreme court where John Roberts and his Right Wing Toadies can declare that there can be no Nationwide injunctions, which is what the Trump administration was really after.
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