Supreme Court Limits Nationwide Injunctions in Case on Trump Birthright Citizenship Executive Order – WSJ
WASHINGTON The U.S. Supreme Court on Friday limited the authority of federal judges to issue nationwide injunctions, a decision that handed President Trump a victory in his battles with the judiciary but left uncertain the fate of his push to curtail birthright citizenship.
The court, in a 6-3 decision by Justice Amy Coney Barrett, faulted lower courts for issuing universal injunctions that blocked Trump s policy across the U.S. The court said that because such orders go beyond providing relief to the plaintiffs, they likely exceed the authority Congress granted to district judges.
Barrett, however, left open the possibility that Trump s birthright policy could be blocked nationwide under lawsuits brought by New Jersey and other state governments rather than pregnant women concerned about their future children s status.
Coming at a preliminary stage of the litigation, the decision didn t resolve the underlying legality of Trump s policy. The court said Trump s birthright-citizenship order, consistent with a representation from the Justice Department, wouldn t take effect for 30 days, a time frame that likely will give judges another chance to craft injunctions against the White House based on the high court s guidance.
The majority s opinion echoed the relentless criticism Trump officials have levied at federal judges who enjoined policies they found unlawful.
via www.wsj.com
One hopes this will settle down those on the Right who have been shrieking about ACB. I’m sure it’s all much more complicated than my shriveled corporate law mind can grasp, but FWIW this strikes me as the only possible decision for all the usual reasons. Not to mention that many of the FDC decisions seemed obviously in bad faith. Now we’ll get to see how many federal judges tow the line (i.e., the Constitution) and how many step forward to wave their red, pink or mauve flags. I bet most will cower back into their appointed roles.
As to birthright citizenship, I think that’s a bridge too far for the Court to take. As stupid as the policy seems to be in this globalized world, birthright citizenship has been precedent for a long time. As Scalia, J. said, more or less, originalism does not mean you have to do crazy things. So he did not strike down the New Deal, much as he presumably would like to. Turns out you can do crazier things than he thought, but even so. So SCOTUS probably won’t strike it down, but if they do, that’s fine with me.