The U.S. Supreme Court heard arguments regarding President Trump's executive order to redefine birthright citizenship under the 14th Amendment. The focal point was not the order itself, but the use of nationwide injunctions by federal judges to block its implementation. The Trump administration opposes the ability of judges to issue such injunctions, despite previously benefiting from similar rulings. Justices appeared to agree that the order was likely unconstitutional, but differed on the implications of limiting nationwide injunctions, particularly in addressing unconstitutional actions in a timely manner.
Justice Elena Kagan asked U.S. Solicitor General John Sauer, who was arguing in favor of the administration's position, how a blatantly unconstitutional law or order could be blocked in an expedient way, if an injunction can only affect a certain group of people or jurisdiction.
During the Supreme Court hearing on Thursday, justices seemed to express little doubt that Trump's executive order was unconstitutional. However, on the question of nationwide injunctions, there appeared to be a split between the justices concerning how restrictions on them would work in a practical manner.
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