The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, May 16
21 snips
May 19, 2025 In a lively discussion, hosts dive into the legal labyrinth surrounding Trump’s executive actions, including pivotal Supreme Court cases on the Alien Enemies Act and birthright citizenship. They dissect differing judicial perspectives on universal injunctions and explore a quirky case involving smuggled clawed frog embryos, blending humor with serious implications. Legal complexities in the Abrego Garcia litigation also come to the forefront, revealing struggles for accountability and the challenges of immigration laws. This conversation is filled with insights and reflections on the evolving legal landscape.
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Birthright Citizenship Argument Focus
- The Supreme Court argument on birthright citizenship focused mainly on universal injunctions, not the merits of citizenship itself.
- Justices expressed diverse views but showed keen interest in clarifying when universal injunctions are appropriate.
Liberal Justices' Divergent Views
- Liberal justices have diverging views on universal injunctions, with Jackson supporting them and Kagan and Sotomayor more cautious.
- Discussions revealed tactical and doctrinal differences about nationwide relief and legal strategy.
Alien Enemies Act Process Safeguards
- The Supreme Court halted removal of detainees under the Alien Enemies Act to ensure minimal process before removal.
- The Court is skeptical of the government's tactics and insists on proper procedural safeguards during appellate review.