Amicus With Dahlia Lithwick | Law, justice, and the courts

SCOTUS Is About to Suffer Buyers Remorse, Again

26 snips
May 17, 2025
The Supreme Court debates birthright citizenship, revealing deep divides among justices. While four justices question the motives behind Trump's actions, the male justices appear more accepting. The tension revolves around nationwide injunctions issued against executive orders, raising concerns about judicial authority. This clash underscores the judiciary's role in upholding fundamental rights amidst unprecedented challenges. The discussions also touch on the implications for democracy and the balance of power, highlighting the critical dynamics within the court.
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INSIGHT

Birthright Citizenship's Historical Role

  • Birthright citizenship was established to remedy racial discrimination after the Civil War and enshrined in the 14th Amendment.
  • It applies broadly to anyone born in the U.S., regardless of their parents' status or nationality.
INSIGHT

Court Avoids Birthright Citizenship Question

  • The Supreme Court focused on nationwide injunctions, avoiding the core constitutional issue of birthright citizenship.
  • This was a strategic move by the Trump Justice Department to evade the real legal threat to birthright citizenship.
INSIGHT

Nationwide Injunctions Protect Rights

  • Eliminating nationwide injunctions could force every affected person to sue individually to protect their rights.
  • This catch-me-if-you-can approach threatens the rule of law and effective judicial protection of rights.
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