Nationwide Injunctions and Originalism

The Trump executive order on birthright citizenship has been banging around the lower federal courts for months now, with court after court opining on its unconstitutionality and issuing injunctions against it that span the nation.  The Supreme Court took cert on the question of whether such national injunctions are appropriate, and if not, how the relief that appears indicated can be offered.  Along the way questions of the merits poked their way through, with interesting results.  In this episode you will hear from the justices and the attorneys, and you will hear Professor Amar doing his Howard Cosell halftime highlights imitation, opining on their arguments, responses, and questions, and offering a holistic approach to the case as well as some new theories on how to think about citizenship in this context.  A “clip episode” as only Amarica’s Constitution does it.  CLE credit is available for lawyers and judges from podcast.njsba.com.