Though the dispute comes to the justices through challenges to Trump’s effort to end birthright citizenship, the primary issue before the court on Thursday is whether lower-court judges can issue what are known as universal injunctions to block an order nationwide. With a universal injunction, a federal judge (or several in this case) can bar the government from enforcing an executive order – or, in another case, a law or policy – anywhere in the country. The Trump administration, which has been blocked by many such injunctions in recent months, argues that the practice is unconstitutional.
The Trump administration’s filings (which are virtually identical) acknowledge that the challenges to birthright citizenship “raise important constitutional questions with major ramifications for securing the border.” But its focus in the filings is not on whether Trump’s executive order violates the Constitution, but rather on the district courts’ use of universal injunctions.
Context and Sauce:
Questions about Thursday’s oral argument in the birthright citizenship dispute? We have (some) answers.