Advisory Opinions LIVE: SCOTUS Hears Birthright Citizenship Case
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May 15, 2025 Amy Howe, a Supreme Court journalist, joins legal commentator David Lat and Zachary Shemtob of SCOTUSblog to examine the recent Supreme Court case on birthright citizenship. They discuss the implications of Trump’s executive order and the surprising skepticism from justices about the government's arguments. The trio dives into the complexities of universal injunctions and class actions, revealing how judicial philosophies impact future legal decisions. Expect insights on political dynamics and the unpredictability of the Court's rulings.
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Focus on Universal Injunctions
- The Supreme Court's oral argument focused surprisingly more on universal injunctions than birthright citizenship merits.
- The Trump administration sought to limit nationwide injunctions but faced skepticism about lower courts' authority to issue them.
SG Argument Revives Injunction Debate
- The Solicitor General's argument against universal injunctions risked reviving rather than ending them.
- A key moment was his hesitation on compliance with injunctions within specific circuits, raising concerns among the justices.
Universal Injunctions Cross Partisan Lines
- Universal injunctions are controversial and not partisan, affecting both Republican and Democratic policies.
- The administration's case was a poor choice to cleanly resolve universal injunction debates due to complicated facts.