During oral arguments for a major citizenship case, the Supreme Court wrestles with Trump's executive order on abolishing birthright citizenship. Solicitor General John Sauer faced tough queries from Justices, particularly Elena Kagan, who sought clarity on whether courts could rule against the order without a nationwide injunction. Kagan's challenging remarks prompted Barrett to further question Sauer's responses about addressing individual case complexities. The cases under consideration include Trump v. CASA, Trump v. Washington, and Trump v. New Jersey, each challenging injunctions against the executive order.
You're going to be standing up here in the next case saying that rule 23 is inapt for this circumstance with this number of people... So let's put rule 23 aside because I got to tell you that does not fill me with great confidence how else are we going to get to the right result here which is on my assumption that the EO is illegal.
That would be a profoundly wrong result, but I think what I would offer is that, very similar to Labrador against Poe, what the court should be engaging here is a balancing of the equitable factors as to the scope of remedial relief, not as to underlying merits.
Collection
[
|
...
]