The Justice Department heads to the Supreme Court on Thursday to defend President Donald Trump’s executive order on birthright citizenship in a case that could have far-reaching implications on activist judges’ ability to hamper Trump’s agenda.
While the case, Trump v. Casa, revolves around Trump’s day one actions on birthright citizenship, the primary arguments are expected to focus on the power of lone judges to issue universal injunctions that apply to the whole country. The Trump administration has asked the court to rule three nationwide injunctions issued against the birthright citizenship order are only applied to the parties involved and not the whole country.
“For the first 170 years of American jurisprudence, nationwide injunctions were virtually unknown,” Solicitor General John Sauer wrote in an April 7 filing. “Their use remained sparing until this…
