Live data from Hacker News

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

theguardian.com

221–230 of 878 posts

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

#221

Earlier quoted context omitted.

And if the parents are on valid non-resident visas? Suddenly the child has no status? Moreover, there is literally no mechanism to prove that your parents are citizens. Millions of citizens will be at the whim of whatever racist thug decides to hurt them that day. Welcome to Fascist America.

I would assume that the child would be registered with the embassy that the parents are citizens of and there would be an application for a non-resident visa that would be fast tracked. Greenland, Finland, Norway and Sweden all have no concept of Jus Soli and as far as I know, kids born to non-residents aren't being deported from the hospital. >Moreover, there is literally no mechanism to prove that your parents are…

> I would think a birth certificate would work

Without birthright citizenship, a birth certificate no longer implies citizenship.

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

#222
post #219

Earlier quoted context omitted.

In this case, the president does not have the authority under the constitution to purport to invalidate the citizenship of natural-born citizens. It is the executive that broke the proper functioning of the government.

Your news sources have woefully misinformed you. Trump's argument is that it's not enough to be born here, you have to also be a charge of the country: "Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Note the "and subject to the jurisdiction thereof". Trump's argument is that people born…

> Trump's argument is that people born in America to tourist parents here for a few weeks (for example) aren't subject to the jurisdiction of America. It's a valid argument to make…

I suspect, if they commit a crime or overstay their visa, we'll suddenly decide we have a little jurisdiction after all.

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

#223
post #177

Earlier quoted context omitted.

There’s also nothing in the ruling that binds the Supreme Court to uphold it when and if there’s another Democratic administration. No, stare decisis is not binding. Nor does it still exist.

> No, stare decisis is not binding. Nor does it still exist. If it was not binding, did it ever exist? Anyway , there's nothing that binds any Supreme Court to do anything at all. This argument terminates in noise. It's just partisan fretting.

> There's nothing that binds any Supreme Court to do anything at all.

We agree. So your remark about “nothing in the ruling says. . .” was actually irrelevant to the broader point. From a lacuna in a decision we can conclude nothing.

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

#224

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.

>class action What you describe is voting We’re in this mess because people are not interested enough, educated enough, or engaged enough politically to make their position explicit to drive the direction of legislation and executive action. Citizens of The United States have every tool available to to work together to shape their communities. The reality is the overwhelming majority do not do that, and you can come…

Voting and engagement is not the issue. Trump would have won even if all eligible voters voted.

https://www.npr.org/2025/06/26/nx-s1-5447450/trump-2024-elec...

The problem is that Dems are just culturally irrelevant. Most people don't care about issues, policy or the economy, they just want to cheer for a team and will justify everything their team does regardless of efficacy or outcome. Trump is the fun underdog team that everyone is talking about, the Dems are the boring party-pooper team we all love to hate. During covid, that boring became a source of needed stability, but after boring stewarded us through the crisis, nobody wanted to be associated with them again.

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

#225

This had to happen. The state of affairs prior to this ruling is that any of 700 district judges could unilaterally block the president from exercising his authority under the constitution pending a review, including matters of national security, based on their own subjective politics. It broke the proper functioning of the government. This restores a proper functioning balance of powers.

In practice we’ve had the opposite problem, plain and simple.

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

#226
post #31

Earlier quoted context omitted.

So why didn’t it happen to such extent before?

It absolutely did. The Biden administration was hit with so many nationwide injunctions that they also requested that the SC limit them.

trump estimation so far: 81-103 biden estimation: 14-28

You are incorrect.

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

#227
post #147

Earlier quoted context omitted.

The state of affairs is that: 1. The executive is doing something illegal to hundreds of thousands of people. 2. Dozens and hundreds of people sue them. 3. The executive loses in court. 4. The executive does not appeal to the supreme court the cases it lost. 5. Thus, no binding precedent that stops the illegal action in #1 is set. This is actual lawless lunacy, and this enshrines it as SOP going forward. Is this the…

I get the concern, but this ruling doesn’t stop courts from checking illegal executive action. It just says injunctions should only apply to the actual parties in the case. Nationwide injunctions were never clearly authorized by statute, and letting any one of 700 district judges block a federal policy everywhere created chaos and forum shopping. If a policy is truly unconstitutional, the proper path is a class actio…

> Not giving individual judges a veto over national law.

It's not a veto, it's a delay until appeal. If the lower court is wrong, SCOTUS has never had any issue with settling the question.

The fact that the government isn't appealing means that they know they can't win on appeal, and what they are doing is illegal.

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

#228

Earlier quoted context omitted.

That’s the end goal. And to take over the other states too.

Oh, of course. Because it's federal law, being in a state with an injunction isn't actually a protection. A federal LEO can detain & relocate you, charging you with violating a law in another state where there is no such injunction. This is a whole-sale shredding of the constitution.

And everyone needs to recognize and treat it as such, for all it’s worth.

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

#229
post #177

Earlier quoted context omitted.

> No, stare decisis is not binding. Nor does it still exist. If it was not binding, did it ever exist? Anyway , there's nothing that binds any Supreme Court to do anything at all. This argument terminates in noise. It's just partisan fretting.

> There's nothing that binds any Supreme Court to do anything at all. We agree. So your remark about “nothing in the ruling says. . .” was actually irrelevant to the broader point. From a lacuna in a decision we can conclude nothing.

We agree that if you assume a world where there's no precedent at all, then our system of government doesn't work.

Beyond that, no. We also don't agree that that world is the one that we live in.

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

#230
post #168

Earlier quoted context omitted.

[flagged]

> Of course, because innocent until proven guilty. The purpose of courts litigating the legality of executive actions is not establishing innocence or guilt, so what you're saying is completely irrelevant. The president doesn't go to prison because some court found that he signed an illegal executive order. (But it sounds like you maybe think that should be the case. It's hard to tell, because you aren't saying anyth…

It's not worth replying to incoherent comments. Just DV or flag them.
Post reply on HN