Supreme Court divided over “birthright citizenship” arguments
Justices considered arguments about federal judges rights to impose nationwide injunctions
WASHINGTON (Gray DC) - The Supreme Court heard arguments Thursday concerning President Donald Trump’s bid to end birthright citizenship by an executive order.
The Supreme Court appeared divided Thursday over President Trump’s Inauguration Day Executive Order blocking so-called “birthright citizenship.”
The nine justices wrestled for more than two hours of oral arguments with two competing concerns. While some justices appeared skeptical that a single district court judge should have the power to issue a nationwide injunction, some, including Justice Sonia Sotomayor, questioned the legality of the President’s executive order ending birthright citizenship.
“As far as I see it, this order violates four Supreme Court precedents.”
In fact, three lower court judges have already ruled that the order violates the citizenship clause of the 14th Amendment. Each of those federal judges blocked the order by imposing a nationwide injunction.
Solicitor General John Sauer is challenging those injunctions on behalf of the Trump istration.
“Such injunctions prevent the percolation of novel and difficult legal questions. They encourage rampant forum shopping. They require judges to make rushed, high stakes, low information decisions. They circumvent ‘rule 23′ by offering all the benefits but none of the burdens of class certification. They operate asymmetrically, forcing the government to win everywhere, while the plaintiffs can win anywhere.”
But New Jersey Solicitor General Jeremy Feigenbaum argued that many problems would ensue - if trial court judges cannot impose nationwide injunctions.
“I think it’s going to hinder participation in our benefits programs and it’s going to produce chaos on the ground”
In the past decade, both liberal and conservative justices have expressed frustration with nationwide injunctions - which have been used to block certain presidential policies. A decision from the Court on the permissibility of universal injunctions is not expected until late next month.
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