Bulwark Takes SCOTUS Just Blew Up Nationwide Injunctions
Jun 27, 2025
Leah Litman, a law professor at the University of Michigan and author of "Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes," dives into the recent Supreme Court ruling that limits nationwide injunctions. She discusses the implications for Trump’s birthright citizenship executive order and explores how this decision reshapes the courts' power dynamics with the executive branch. Litman also highlights potential consequences for civil rights enforcement and the evolving judicial processes for future administrations.
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Nationwide Injunctions Explained
- Nationwide injunctions block policies everywhere, not just for plaintiffs involved in the case.
- They originated in the early 1900s as necessary tools to provide uniform legal remedies across states.
Need for Nationwide Uniformity
- Nationwide injunctions prevent patchwork enforcement of important policies like birthright citizenship.
- Without them, persons could have different citizenship status in different states, causing chaos.
Supreme Court's Narrow Focus
- The Supreme Court focused on the legality of nationwide injunctions, not the birthright citizenship issue itself.
- The Trump administration sought review only on the injunctions, not on whether the executive order was lawful.
