LIVE COVERAGE SCOTUS Hears Oral Arguments In Birthright Citizenship Case
"The Supreme Court is hearing arguments this morning on what’s outwardly a case about President Donald Trump’s attempt to restrict birthright citizenship. But on the substance, the arguments will delve into a different topic: the power of district courts to issue orders that take effect nationally, halting federal policy."
"Three separate district court judges issued injunctions freezing Trump’s birthright citizenship executive order, which invokes a fringe theory in an attempt to strip the Constitution of its requirement that the government confer U.S. citizenship on those born on its territory."
"The Supreme Court took the case from the shadow docket. It’s rare for the court to hear oral arguments in a case like this. There’s no question presented that the court wants the parties to address, but briefing has focused not on citizenship but rather on nationwide preliminary injunctions of the sort that blocked Trump’s order from going into effect. You’ll recall that, during the Biden administration, federal judges appointed by Trump frequently issued these kinds of national blocks."
"Now, four months into Trump’s second term, the Supreme Court is hearing arguments over whether the same form of judicial block is legal when applied to an administration whose officials happily browbeat the courts when prompted with rulings they dislike."
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"Bottom line: The argument to this point has generally confirmed that the conservative majority took this case determined to unwind existing nationwide injunction practices."