The Supreme Court heard oral arguments Thursday on whether nationwide injunctions violate the Constitution, after lower courts have issued 40 nationwide injunctions against the second Trump administration.
“Universal injunctions exceed the judicial power granted in Article III which exist only to address the injury to the complaining party,” Solicitor General D. John Sauer argued.
The case, Trump v. CASA, concerns nationwide injunctions that lower court judges have ordered, pausing President Donald Trump’s order interpreting the 14th Amendment as not guaranteeing what is known as “birthright citizenship,” the idea that if someone is born in the U.S. to alien parents (who are not foreign diplomats or enemies in a hostile occupation), they are immediately a citizen.
Critics of birthright citizenship note that the 14th Amendment states, “All persons born or…
