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Supreme Court's Unusual Birthright Argument
- The Supreme Court scheduled oral argument on the birthright citizenship stay application without granting cert, creating uncertainty about what will be addressed.
- The argument likely focuses on the scope of nationwide injunctions rather than the constitutional merits of birthright citizenship.
Courts Assert Authority Against Administration
- The Supreme Court blocked removals under the Alien Enemies Act due to administration's disregard of court orders.
- Courts exercised inherent equitable authority and relied on the All Writs Act to maintain judicial control, reflecting distrust in the administration.
Lost Presumption of Government Regularity
- The administration lost the presumption of regularity due to defiance, causing courts to distrust and scrutinize its actions heavily.
- Losing this presumption impacts all executive branch cases, as courts no longer take the government's word at face value.