Ok….
Please follow me on this one*….
The media tagged this case as an OUTRIGHT ruling in BirthRight Citizenship ….
IT IS NOT….
It appears that the Trump Justice Dept. lawyers did NOT want to go there….
They DID go after Federal Judges and Courts around the country issuing ‘stops’ , or injunctions against their action that where Nationally covering….
They DID NOT rule against Federal Court Injunction’s /Orders THEMSELVES ….
On that?
The Alito 5 ruled 6-3 that Federal Judges and Courts limit their rulings to THEIR areas cases classes …
The Alito group say Congress has NOT given the Federal judges and courts the ability to do National Injections….
This IS Alito & Co. working AGAINST the national’s Federal; Courts which HAVE be working AGAINST a President that has worked diligently to undo past norms that have been effect for decades….
The result should be that there will be a hodgepodge of enforcement actions across the nation as the High Court continues to strip power from the Federal Government and send it back to states as the RightWing justices have done with Abortion ‘Rights’…
The justices were not directly addressing the constitutionality of the president’s birthright citizenship order, which opponents say conflicts with the 14th Amendment, past court rulings and the nation’s history.
Instead, the Trump administration had asked the justices to scale back orders imposed by three lower-court judges that blocked his policy from taking effect nationwide while its legality is tested in court…
Presidents in both parties, members of Congress and several Supreme Court justices have long decried such nationwide injunctions for giving outsized power to individual judges to halt a president’s agenda. The broad orders temporarily block a policy or regulation while litigation is underway if a judge believes the action may be unconstitutional or that implementing it would cause immediate harm.
In the background of the debate over nationwide injunctions is the underlying question of whether Trump can legally deny automatic citizenship to babies born in the United States when neither parent is a citizen or a permanent legal resident.
The ban is just one of the Trump administration’s initiatives to dramatically restrict illegal and legal immigration. Trump has barred the entry of travelers to the United States from more than a dozen countries and has taken steps to fast-track deportations of alleged gang members from Venezuela, suspend refugee admissions and remove legal protections for more than 530,000 migrants….
…
The Supreme Court upheld the guarantee of birthright citizenship in 1898, when it ruled that Wong Kim Ark, a child born in San Francisco, was a citizen even if his immigrant parents were “subjects of the Emperor of China.”…
More…
Note…
So the court has NOT touched BirthRight Citizenship ITSELF ….
And?
Could be?….
Federal Judges and Courts CAN continue to stop Trump admin actions in THEIR jurisdictions , NOT the whole country IF challanged by Trump Justice Dept?…
The whole thing IS STILL being hashed out in the Federal Appellate Courts which the Supreme ‘s have actually just sent this back to with instructions…
The High Court seems to pushing towards Class Action Suits which lspecificly ist the agreeved classes and parties?
*I am NOT a Lawyer….Just a Political Dog….
Update….
First Legal Case AFTER and IN response the Court Ruling IS Filed….
Within hours, a group of plaintiffs suing in Maryland jumped on the suggestion, asking a district judge to issue a new ruling that applies to anyone designated as ineligible for birthright citizenship under Trump’s order.
“Without a class-wide injunction, Defendants will deny thousands of babies in the putative class their constitutional and statutory right to United States citizenship, as well as all of the rights and privileges that citizenship entails,” the motion reads.
“Consistent with the Supreme Court’s most recent instructions, the Court can protect all members of the putative class from irreparable harm that the unlawful Executive Order threatens to inflict,” it continues.
The motion was filed by CASA Inc., the Asylum Seeker Advocacy Project and several expectant mothers who filed one of the original lawsuits challenging Trump’s executive order.
The request will go to U.S. District Judge Deborah Boardman, an appointee of former President Biden….
FYI…..
Andrew Weissmann
@weissmann.substack.com
The S Ct today did NOT deny anyone birthright citizenship; it addressed “nationwide injunctions,” limiting courts from issuing them. They can issue injunctions within their district. Remember: this will prevent conservative judges from issuing nationwide injunctions in mifepristone and other cases.