#SCOTUS’ decision restricted the #power of lower-court judges to issue #NationwideInjunctions.
The states have argued #Trump’s #BirthrightCitizenship order is blatantly #unconstitutional & threatens millions of dollars for #HealthInsurance contingent on #citizenship. The issue is expected to move quickly back to SCOTUS.
The #SCOTUS June decision to scale back the ability of lower #courts to issue #NationwideInjunctions, & the administration’s success at persuading the justices to overturn about a dozen temporary blocks on its agenda in recent months, might only embolden #Trump officials to defy lower courts, several #legal experts said.
#law #judiciary #Constitution #democracy #SeparationOfPowers #Autocracy #AbuseOfPower
But #SCOTUS raised the possibility that #NationwideInjunctions are still permissible in certain circumstances, including #ClassActions, in which similarly situated people sue as a group, or if they are the only way to provide "complete relief" to litigants in a particular lawsuit.
Friday's hearing will shed light on how lower courts plan to address what providing complete relief entails, said George Washington University law professor Paul Schiff Berman.
In that 6-3 ruling authored by conservative Justice Amy Coney Barrett, #SCOTUS directed lower court #judges like Sorokin that had blocked #Trump's policy to reconsider the scope of their orders.
Rather than address the legality of #Trump's executive order, the justices used the case to discourage nationwide, or “universal,” injunctions — in which a single district court judge can block enforcement of a federal policy across the country.
#Trump’s EO directs US agencies to refuse to recognize the #citizenship of children born in the #US after Feb 19 if neither their mother nor father is a US #citizen or lawful permanent resident.
The #states' case is back in Sorokin's courtroom so he can assess the impact of #SCOTUS’ *landmark* [insane] June 27th decision.
The #DOJ has argued that #Trump's order conforms with the #Constitution & has asked Laplante to find that the plaintiffs cannot sue as a #class.
#SCOTUS’ ruling did not address the legal merits of Trump's order, which the Republican president issued as part of his hardline #immigration agenda on his first day back in office in January.
#law #BirthrightCitizenship #NationwideInjunctions #Constitution #Judiciary #AbuseOfPower
The 3 judges who issued #NationwideInjunctions found that #Trump's directive likely violates #citizenship language in the US #Constitution's #14thAmendment. The amendment states that all "persons born or naturalized in the United States, & subject to the jurisdiction thereof, are citizens of the United States & of the state wherein they reside."
#law #SCOTUS #BirthrightCitizenship #immigration #Judiciary #AbuseOfPower
Under #SCOTUS’ decision, Trump's #ExecutiveOrder would take effect on July 27.
Looking to seize upon an exception in the Supreme Court's ruling, the lawyers for the plaintiffs argued that the decision allows #judges to continue to block #Trump policies on a nationwide basis in #ClassAction lawsuits.
#law #SCOTUS #BirthrightCitizenship #NationwideInjunctions #immigration #Constitution #Judiciary #AbuseOfPower
The judge said he would stay his ruling for a few days to allow the #Trump admin to appeal & would issue a written decision by the end of the day.
The #ACLU & others filed the suit just hours after #SCOTUS on June 27 issued a 6-3 ruling, by its conservative majority, that narrowed 3 #NationwideInjunctions issued by #judges in separate challenges to Trump's directive. The suit was filed on behalf of non-US citizens living in the #UnitedStates whose babies might be affected.
U.S. District Judge Joseph Laplante in Concord, New Hampshire, made the ruling after #ImmigrantRights advocates implored him to grant #ClassAction status to a lawsuit they filed seeking to represent any babies whose #citizenship status would be threatened by implementation of #Trump's directive.
#law #SCOTUS #BirthrightCitizenship #NationwideInjunctions #immigration #Constitution #Judiciary #AbuseOfPower
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