Stay Tuned with Preet Checks and Balances in the Balance at SCOTUS (with Melissa Murray, Trevor Morrison & Jack Goldsmith)
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Jul 3, 2025 
Trevor Morrison, a constitutional law professor and former counsel to President Obama, and Jack Goldsmith, a Harvard Law professor with experience in the Office of Legal Counsel, dive into the implications of the Supreme Court's recent birthright citizenship ruling. They discuss the shifting dynamics of presidential power, judicial checks, and the evolving role of the courts. The conversation explores how these legal developments may influence constitutional law education and the intricate balance of power within the U.S. legal framework.
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Birthright Case and Universal Injunctions
- The birthright citizenship case focused on the legality of universal injunctions, not the constitutional question itself.
- Universal injunctions allow one judge to bar government actions nationwide, which raises concerns of forum shopping.
Supreme Court Limits Universal Injunctions
- Universal injunctions let single judges paralyze a presidential administration through nationwide rulings.
- The Supreme Court rightly aimed to rein in this power, though the timing raised suspicions among progressives.
Cuts on Universal Injunctions Hurt Checks
- Universal injunctions have grown due to Congress's dysfunction and executive overreach.
- Limiting them now hobbles lower courts' ability to check an especially assertive executive branch.