SCOTUS Has a Chance to Stop The Madness. Will They?
SCOTUS heard arguments about nationwide injunctions as part of the birthright citizenship case. They have a chance to finally rein in the lower courts, but will they?
Today, SCOTUS heard arguments in the combine birthright citizenship cases, but the focus was on whether or not the lower courts are allowed to put in place nationwide injunctions to stop the Trump Administration.
(Hearing begins at the 1:10:26 mark)
Robert Gouveia, a pro-Trump lawyer who posts daily on YouTube, streamed the arguments and gave his thoughts afterward. He says this will be a tough issue for the DOJ to win, because courts generally don't like being told that they can't do something.
DOJ lawyer and former Trump attorney John Sauer argued that instead of a nationwide injunction, the courts could create a class action, which could even apply nationwide, having the same effect as the injunction without overreaching the court’s authority.
Gouveia said that it seems like KJB and Sotomayor are pro-injunction. While Kagan has been rejecting a bunch of cases and telling ppl to stop suing over every little thing, she will probably rule with the other two if history holds up. Thomas clearly hates the nationwide injunctions, and Kavanaugh seems to be with him. Gorsuch & Alito also seem to be with Thomas.
That means it's down to ACB and Roberts. According to Gouviea, Roberts was very quiet, making it hard to get a read on him. However, ACB did not seem to like the DOJ/former Trump lawyer John Sauer. Since she has been ruling against Trump almost every time either he or his administration is before her, it isn’t a surprise that she seems to be leaning toward siding with the liberal ladies.
So, this ruling is very likely going to be decided by Justice John Roberts. So far, he has not shown any inclination that he is willing to rein in the lower courts. There is no reason to think that he will start now.
The decision is not expected until the end of June at the earliest, but this may not end the way we want.
Lorraine Yuriar is a wife, mother, and lifelong conservative currently stuck in a very blue state.
Left up to Roberts doesn't give much hope 🤦🏻♀️
Doesn't sound like we have anything to be hopeful about. Just can't understand how we got to this place. Haven't those lower court judges taken it upon themselves to deny the authority of the Executive, i.e. POTUS? If so, what's the Separation of Powers for and why wouldn't it weigh in on the decision by the SCOTUS Justices?