The constitution, the courts, and nationwide injunctions
The Supreme Court will consider the propriety of nationwide injunctions next week in three consolidated cases involving challenges to President Donald Trump’s executive orders purporting to end birthright citizenship. The flurry of nationwide injunctions since Trump’s re-election creates the impression that the issue before the high court is a political one. It is not. Rather, the Constitution compels the conclusion that the lower courts–at least in the context of the current birthright citizenship litigation–exceeded their Article III authority…
May 12, 2025
Originally Published in Daily Journal