Beyond Labels

A 360° Discussion of Foreign, National and Local Policy Issues

June 2: Scope of Federal Court Orders (and Birthright Citizenship)

Our next meeting will focus on the current Supreme Court cases regarding birthright citizenship and deportations.

One of the important sub-issues that draws these two subjects together is the question of how broadly a judge’s ruling should apply—only within the local district in which a judge sits, in the regional circuit, or nationwide. In the past (I think) these have been pretty clear. But some recent Trump Administration cases has refocused attention on the issue:

  • If a district judge enjoins or temporarily restrains an executive branch action as being likely unconstitutional, should other similarly situated parties be able to rely on that ruling? Or does everyone have to file their own petition for temporary relief?
  • Can a “class “ receive protection before it is certified?

Given the fast pace of parallel, and sometimes irreversible, actions, waiting for a full trial, then circuit court appeal, then Supreme Court decision can take years.
I’ll post some links to some related reading as a “comment “ to this post by Wednesday; others are welcome to do so as well.

2 Comments

  • peter_sly@msn.com

    A flip side of the nationwide injunctions by District Courts is the Supreme Court’s emergency docket. A critique of that was well stated by Justice Kagan’s dissent in Trump v Wilcox, noting that the emergency docket should not be used to overrule or revise existing law, without the benefit of briefing. In major cases the briefs of parties and amici help the Court avoid unintended consequences of hasty decisions and to avoid exercise of arbitrary discretion which can become political in the public eye.

  • peter_sly@msn.com

    To economize use of time and avoid punditry, I recommend listening to the oral arguments on CSPAN using “points of interest markers” as a guide.
    The Birthright/nationwide injunctions arguments in Trump v. Casa are here CSPAN. There are fifteen points of interest markers for the two hours of argument.


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