Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Even If SCOTUS Gives Trump A Win On Birthright Citizenship, It Will Not End Partisan Lawfare
The Federalist ^ | May 13, 2025 | Margot Cleveland

Posted on 05/13/2025 10:38:02 AM PDT by E. Pluribus Unum

It will do little to stop the lower courts from continuing to flood the country with nationwide injunctions interfering with the Trump Administration.

On Thursday, the Supreme Court will hear oral argument in three consolidated cases concerning the propriety of the nationwide injunctions entered against the Trump Administration barring implementation of the president’s birthright citizenship executive order. While President Trump seems assured of scoring a victory from the Supreme Court in these cases, a win will do little to stop the lower courts from continuing to flood the country with nationwide injunctions interfering with the Trump Administration’s execution of its American-first agenda.

The reason why is simple: The issue before the Supreme Court is narrow and does not concern the propriety of nationwide injunctions in cases brought under the Administrative Procedure Act (APA). And the majority of nationwide injunctions entered against the Trump Administration since the president returned to Washington came in cases challenging decisions under the APA.

Not so, though, for the cases being heard on Thursday. Those three cases all involve nationwide injunctions entered based on the lower courts’ conclusion that the president’s January 20, 2025, Executive Order concerning birthright citizenship violates the citizenship clause of the Fourteenth Amendment, which provides: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Legal scholars vehemently disagree over whether that clause guarantees citizenship to anyone born in the United States, or limits such birthright citizenship to persons born in the United States whose parents are legal permanent residents. That question is not yet before the Supreme Court — although it likely will be next term. Instead, the Trump Administration filed an application before the Supreme...

(Excerpt) Read more at thefederalist.com ...


TOPICS: Crime/Corruption; Foreign Affairs; Government; Politics/Elections
KEYWORDS:

Click here: to donate by Credit Card

Or here: to donate by PayPal

Or by mail to: Free Republic, LLC - PO Box 9771 - Fresno, CA 93794

Thank you very much and God bless you.


Navigation: use the links below to view more comments.
first 1-2021-31 next last

1 posted on 05/13/2025 10:38:02 AM PDT by E. Pluribus Unum
[ Post Reply | Private Reply | View Replies]

To: E. Pluribus Unum

Who said it would?
This is a vapid premise.


2 posted on 05/13/2025 10:50:18 AM PDT by jmaroneps37 (Freedom is never free. It must be won rewon and jealously guarded.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum

3 posted on 05/13/2025 10:55:02 AM PDT by Jeff Chandler (The judges are ganging up against the American people.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum

Roberts won’t give him a win.


4 posted on 05/13/2025 10:58:05 AM PDT by dljordan (The Rewards of Tolerance are Treachery and Betrayal)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jeff Chandler

Trump should tell Roberts that deportations are just a tax.


5 posted on 05/13/2025 10:58:09 AM PDT by Tell It Right (1 Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: All

Done worry , the Supreme Court won’t give Trump a win.


6 posted on 05/13/2025 11:05:51 AM PDT by escapefromboston (Peace, commerce and honest friendship with all nations, entangling alliances with none.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum

As president and elected by all the people, Trump should say that he won’t recognize district court nationwide injunctions. He will only recognize SCOTUS decisions. If Trump’s DOJ doesn’t appeal a district courts order, it will die on the vine.


7 posted on 05/13/2025 11:09:31 AM PDT by DeplorablePaul
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum
From the article...

"In his application for a stay, the president stressed he had but “a ‘modest’ request” for the Supreme Court: Rather than request a stay of the injunction in total, to allow the president’s EO to take effect, the Trump Administration sought only to “restrict the scope” of the preliminary injunctions “to the parties actually within the courts’ power.” In other words, the Trump Administration attacked only the “nationwide” scope of the injunction."

In other words, this case really isn't about the topic of Birthright Citizenship, as that is merely only superficially tied to the question actually being litigated, which is whether a District judge has any authority -- given that the Administrative Procedures Act is not involved -- to issue a nationwide injunction at all.

Sounds like the Administration is treading very carefully here, perhaps trying to chip away and not demand that SCOTUS give them everything at once... which, given this court, is probably the right strategy (even though it may require them a couple more years to get this entire deconstruction project completed).

8 posted on 05/13/2025 11:19:41 AM PDT by alancarp (George Orwell was an optimist.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum

Republicans have a 6-3 majority on the SCOTUS.

A majority in the house and senate.

And they control the White House.

The fact that there is so much trepidation among the Republican electorate speaks volumes.

The solution: stop electing squishes.


9 posted on 05/13/2025 11:28:54 AM PDT by Mr. N. Wolfe
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum

This is about giving America a win. The Trump hate never stops.


10 posted on 05/13/2025 11:31:13 AM PDT by PTBAA
[ Post Reply | Private Reply | To 1 | View Replies]

To: alancarp

Congress could be doing their job to stop a lot of this too.
That is only if they decide to stay, actually work, and quit going on vacations.


11 posted on 05/13/2025 11:32:10 AM PDT by dforest
[ Post Reply | Private Reply | To 8 | View Replies]

To: Mr. N. Wolfe

So easy to say, so difficult to do.both parties are against the American people.


12 posted on 05/13/2025 11:33:36 AM PDT by HANG THE EXPENSE (Life's tough.It's tougher when you're stupid.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: dljordan

I’m expecting a 5-4 decision the wrong way. 😣


13 posted on 05/13/2025 11:37:05 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Jeff Chandler

We can’t dig up dirt on this fag? We can’t investigate/ do a deep dive into the lobster picture?


14 posted on 05/13/2025 11:40:45 AM PDT by Captainpaintball (America needs a Conservative DICTATOR if it hopes to survive. )
[ Post Reply | Private Reply | To 3 | View Replies]

To: E. Pluribus Unum

“While President Trump seems assured of scoring a victory from the Supreme Court in these cases”

Nonsense.


15 posted on 05/13/2025 12:09:17 PM PDT by Mariner (War Criminal #18)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Tell It Right

LOL! Good one!


16 posted on 05/13/2025 12:23:28 PM PDT by Tallguy
[ Post Reply | Private Reply | To 5 | View Replies]

To: Captainpaintball

The dirt in Washington DC is a suicide pact. This stuff is not meant to be used publicly, I suspect. We would have seen it by now.

Or... and I just had this thought... the manner of releasing the dirt has to be very, very subtle. Hillary’s ham-handed Trump dossier was too direct to be the “kill-shot” that she intended.


17 posted on 05/13/2025 12:27:54 PM PDT by Tallguy
[ Post Reply | Private Reply | To 14 | View Replies]

To: Jeff Chandler

Talk about a punchable face!


18 posted on 05/13/2025 12:28:18 PM PDT by 9YearLurker
[ Post Reply | Private Reply | To 3 | View Replies]

To: E. Pluribus Unum

A similar challenge involving the APA is surely coming down the pipeline now, so it shouldn’t be long before its settled.

Common sense, and the law as I read it, says one lowly district court judge can not halt the business of the executive. For Roberts to allow it severely discredits the institution to which he’s hoping to restore creditability.

Trump will just ignore similar injunctions, appeal, and proceed.....I hope.


19 posted on 05/13/2025 12:32:00 PM PDT by chiller (Davey Crockett: "Be sure you're right. Then go ahead". (We'll go ahead))
[ Post Reply | Private Reply | To 1 | View Replies]

To: escapefromboston
Done worry , the Supreme Court won’t give Trump a win.

This is a "third rail" issue that affects people all the way back to the civil war era. Personally, I don't think the supremes want to touch it, it's just too big.

20 posted on 05/13/2025 12:42:27 PM PDT by pfflier
[ Post Reply | Private Reply | To 6 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-31 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson