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US Supreme Court limits federal judges' power to block Trump orders

theguardian.com

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Re: US Supreme Court limits federal judges' power to block Trump orders

#13
post #7
post #3

Sounds like you now need to start lawsuits in every state?

They need to do two things: 1. File a suit in every circuit 2. Request an injunction type that's more appropriate Given the number of babies being born every day it shouldn't be hard to do. The thing is, the US doesn't issue citizenship papers. So I suppose they need to apply for an SSN and get denied (since the baby is a non-citizen), which will show immediate harm. It also begs the question: if that baby is illegal…

My understanding is that the administration's position is that at least one of the parents needs to be a citizen or a legal resident. If that's the case the answer to your question is: yes - together with the parents.

Re: US Supreme Court limits federal judges' power to block Trump orders

#14
post #7

Earlier quoted context omitted.

They need to do two things: 1. File a suit in every circuit 2. Request an injunction type that's more appropriate Given the number of babies being born every day it shouldn't be hard to do. The thing is, the US doesn't issue citizenship papers. So I suppose they need to apply for an SSN and get denied (since the baby is a non-citizen), which will show immediate harm. It also begs the question: if that baby is illegal…

My understanding is that the administration's position is that at least one of the parents needs to be a citizen or a legal resident. If that's the case the answer to your question is: yes - together with the parents.

I suppose the recourse the Supreme Court is offering is that the baby (or more likely the parents) can sue when the citizenship is denied. At which point I'd just expect ICE to arrest and deport them when they show up to court for their lawsuit.

Re: US Supreme Court limits federal judges' power to block Trump orders

#15

https://www.supremecourt.gov/opinions/24pdf/24a884_8n59.pdf Justice Sotomayor dissents: > Instead, the Government says, it should be able to apply the Citizenship Order (whose legality it does not defend) to everyone except the plaintiffs who filed this lawsuit. If that’s the case, I’m curious if it could be fixed with a class action, so everyone (or everyone born in the US) is a plaintiff? If that’s legally a thing.

It may not be surprising to learn that over the past several decades conservative Congresses (through the so-called Class Action Fairness Act and its ilk) and Supreme Court decisions have all but eliminated class actions.

Re: US Supreme Court limits federal judges' power to block Trump orders

#17
post #9

Judges were using injunctions to avoid putting their name behind a ruling. They can absolutely still strike down a law or executive branch policy. This forces judges to actually do their job. , instead of a nationwide injunction while they decide if they want to do their job later. It doesn’t actually alter some fabric of our democracy or checks and balances, because the judges had already gone beyond what the consti…

this seems more emphatic than convincing.. Can you rewrite this so that it addresses the legal principles at hand, instead of repeating "judges dont do their jobs" ?

Re: US Supreme Court limits federal judges' power to block Trump orders

#18

It’s ridiculous that any President (whether he’s from your favorite team or not) has to appease 300+ judges is ridiculous. There will always be biased judges who will only rule to obstruct.

> has to appease 300+ judges is ridiculous

They don't, they appeal straight up to the 9 judges that they actually have to appease

Re: US Supreme Court limits federal judges' power to block Trump orders

#20

https://www.supremecourt.gov/opinions/24pdf/24a884_8n59.pdf Justice Sotomayor dissents: > Instead, the Government says, it should be able to apply the Citizenship Order (whose legality it does not defend) to everyone except the plaintiffs who filed this lawsuit. If that’s the case, I’m curious if it could be fixed with a class action, so everyone (or everyone born in the US) is a plaintiff? If that’s legally a thing.

I don't think class action lawsuit is needed here. It's enough for one case to get to SCOTUS and then we will hear their opinion about how 14th amendment should be interpreted. It will be an interesting case I think both 4-5 against and 5-4 in favor of changing the interpretation is possible (with 3-6 and 6-3 less likely outcomes).
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