The Supreme Court heard arguments regarding the Trump administration's challenge to injunctions against an executive order limiting birthright citizenship. Justices largely did not assess the order's legality but focused on whether lower court judges should issue nationwide injunctions. Justice Elena Kagan emphasized the difficulty of addressing illegal orders without such injunctions. Other justices from both liberal and conservative backgrounds expressed concerns about the frequency of nationwide injunctions, underlining a desire for clearer guidelines regarding their usage and the authority of district judges.
Liberal Justice Elena Kagan remarked, "if one thinks that it's quite clear that the [executive order] is illegal, how does one get to that result on your set of rules without the possibility of a nationwide injunction?"
Conservative Justice Brett Kavanaugh noted, "these district judges aren't just throwing these universal injunctions, they are finding these actions illegal because they're exceeding existing authority. And oftentimes we are too."
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