Divided Argument Why Are We Here?
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Jun 27, 2025 Join attorney and political commentator Sarah Isgur as she dives into the latest Supreme Court ruling in Trump v. CASA. She unpacks the implications of birthright citizenship and challenges posed by nationwide injunctions. The discussion reveals the tensions within the judiciary, particularly between Justices Barrett and Jackson. They also explore the complexities of the shadow docket and the rising polarization surrounding judicial appointments. Plus, celebrate a milestone with reflections on the podcast's journey and what's ahead!
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Court Avoids Birthright Citizenship Merits
- The Supreme Court declined to decide the merits of the 14th Amendment birthright citizenship clause.
- The decision primarily focused on procedural issues around nationwide injunctions rather than constitutional interpretation.
Resetting Nationwide Injunction Precedent
- The Court effectively resets the precedent for nationwide injunctions back to the 1990s.
- They emphasize the need to respect procedural hoops like class actions and limits of the Administrative Procedure Act.
Difference Between Universal and Complete Relief
- Nationwide injunctions prohibit defendant from enforcing a law or policy against anyone, not just the plaintiff.
- Complete relief applies only to the plaintiff, and stopping harm to one plaintiff may incidentally affect others.