The Take How is the US Supreme Court giving Trump more power?
Jul 1, 2025
Leon Fresco, head of immigration at Holland and Knight, offers keen insights into a recent Supreme Court ruling reshaping birthright citizenship. He discusses the ruling's impact on executive power and judicial authority, particularly limiting nationwide injunctions. Fresco highlights how this shifts the landscape for undocumented individuals and raises concerns over citizenship inconsistencies across states. The conversation delves into the legal challenges stemming from Trump's executive orders and the broader implications of these rulings on immigration law.
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Nationwide Injunctions Restricted
- The Supreme Court ruled that a single judge cannot issue nationwide injunctions to stop executive orders or regulations across the entire U.S.
- This limits the judiciary's ability to halt federal policies immediately nationwide, impacting executive power checks.
Temporary Zone of Lawlessness
- The ruling creates a practical problem: illegal policies may take effect nationwide for months until higher courts rule on legality.
- This causes a temporary zone of lawlessness where unlawful government actions can proceed.
Class Certification Required for Nationwide Relief
- Challengers must certify a class of similarly affected individuals to seek nationwide injunctions.
- This process is slower and makes legal strategies against federal orders more complex and time-consuming.