{"id":3669,"date":"2025-06-28T07:26:05","date_gmt":"2025-06-28T07:26:05","guid":{"rendered":"https:\/\/gunowner-news.com\/?p=3669"},"modified":"2025-06-28T07:26:05","modified_gmt":"2025-06-28T07:26:05","slug":"no-right-is-safe-scotus-bars-judges-from-reining-in-trump","status":"publish","type":"post","link":"https:\/\/gunowner-news.com\/?p=3669","title":{"rendered":"\u201cNo Right Is Safe.\u201d SCOTUS Bars Judges From Reining in Trump"},"content":{"rendered":"<p> <br \/>\n<\/p>\n<div>\n<p><span class=\"has-underline\">Since President Donald<\/span> Trump\u2019s first day back in office, Republicans in Congress have been desperate to gut federal judges\u2019 power to block his administration\u2019s unlawful executive orders, policies, and threats. On Friday, the Supreme Court\u2019s conservative supermajority gave them what they wanted, further weakening the judiciary as an effective check on a White House that was already ignoring court orders with impunity.\u00a0<\/p>\n<p>\u201cNo right is safe in the new legal regime the Court creates,\u201d wrote liberal Justice Sonia Sotomayor, in a dissent she read from the bench, calling the ruling \u201can attack on our system of law.\u201d<\/p>\n<p>The case stems from the Trump administration\u2019s attempt to eliminate birthright citizenship <a href=\"https:\/\/theintercept.com\/2025\/01\/22\/pregnant-immigrants-trump-executive-order-birthright-citizenship\/\">via an executive order issued hours <\/a>after Trump was sworn in. Three different district court judges quickly blocked the executive order as unconstitutional under both the text of the Constitution and more than a century of Supreme Court precedent.<\/p>\n<p>Friday\u2019s <a href=\"https:\/\/www.supremecourt.gov\/opinions\/24pdf\/24a884_new_g314.pdf\">decision<\/a> did not address the merits of the executive order, but instead how the judges went about ensuring the core constitutional guarantee of birthright citizenship. In a ruling written by Justice Amy Coney Barrett, the Supreme Court\u2019s six-member conservative wing drastically limited courts\u2019 authority to issue injunctions even in the face of galling illegality affecting millions of people.\u00a0<\/p>\n<p>The three judges had issued a \u201cuniversal\u201d injunction against the birthright citizenship executive order, which meant the Trump administration could not enforce it anywhere in the country. A more limited injunction would have protected just the rights of the specific plaintiffs who sued \u2014 leaving the Trump regime free to target anyone who hadn\u2019t gone to court themselves.\u00a0<\/p>\n<p>But from today forward, district courts can no longer issue nationwide injunctions, which conservatives gleefully sought and obtained during the Biden administration to block student loan forgiveness and other policies.<\/p>\n<p>\u201cCuriously, this same Supreme Court never thought to say all the injunctions it upheld and stays it granted against Biden administration actions were outside its power,\u201d observed Stanford Law professor Mark Lemley <a href=\"https:\/\/bsky.app\/profile\/marklemley.bsky.social\/post\/3lslvlnrlrc2p\">on social media<\/a>. \u201cBut now apparently they are.\u201d<\/p>\n<p><!-- BLOCK(cta)[0](%7B%22componentName%22%3A%22CTA%22%2C%22entityType%22%3A%22SHORTCODE%22%2C%22optional%22%3Atrue%7D)(%7B%7D) --><\/p>\n<p><!-- END-BLOCK(cta)[0] --><\/p>\n<p>Instead, federal courts may only use injunctions to block presidents and their administrations from violating the rights of the specific parties that filed suit. In effect, judges will have no ability to offer immediate relief to however many people outside the courtroom are suffering from illegal actions of the executive branch. The ruling is certain to spur more class-action lawsuits against the federal government, which are still allowed but carry significant procedural hurdles and additional costs.<\/p>\n<p>\u201cToday\u2019s ruling allows the Executive to deny people rights that the Founders plainly wrote into our Constitution, so long as those individuals have not found a lawyer or asked a court in a particular manner to have their rights protected,\u201d wrote Justice Ketanji Brown Jackson in a fiery dissent. Eliminating universal injunctions \u201crequires judges to shrug and turn their backs to intermittent lawlessness,\u201d Jackson wrote.<\/p>\n<p>\u201cThis decision is devastating for U.S. families who are not protected by the limited injunction the Supreme Court left in place,\u201d said Monica, a <a href=\"https:\/\/theintercept.com\/2025\/01\/22\/pregnant-immigrants-trump-executive-order-birthright-citizenship\/\">pregnant mother, asylum-seeker, <\/a>and named plaintiff challenging the birthright citizenship executive order, in an emailed statement. \u201cHundreds of thousands of other U.S.-born children are in danger of not receiving U.S. citizenship. I know that every pregnant mother cannot file a lawsuit to make sure their children have U.S. citizenship \u2014 that is why I filed this lawsuit to not only protect my child\u2019s rights, but the constitutional rights of all U.S.-born children of immigrants.\u201d<\/p>\n<p>The conservative supermajority framed the ruling as grounded in history and ancient principles about the limits of judicial authority. Jackson called this \u201clegalese\u201d a \u201csmokescreen\u201d that \u201cobscures a far more basic question of enormous legal and practical significance: May a federal court in the United States of America order the Executive to follow the law?\u201d<\/p>\n<p>The court\u2019s three liberal dissenters \u2014 Justices Elena Kagan, Jackson, and Sotomayor \u2014 framed the decision in catastrophic terms.<\/p>\n<p>\u201cPerhaps the degradation of our rule-of-law regime would happen anyway,\u201d wrote Jackson. \u201cBut this Court\u2019s complicity in the creation of a culture of disdain for lower courts, their rulings, and the law (as they interpret it) will surely hasten the downfall of our governing institutions, enabling our collective demise.\u201d<\/p>\n<p><!-- BLOCK(newsletter)[1](%7B%22componentName%22%3A%22NEWSLETTER%22%2C%22entityType%22%3A%22SHORTCODE%22%2C%22optional%22%3Atrue%7D)(%7B%7D) --><\/p>\n<div class=\"newsletter-embed flex-col items-center print:hidden\" id=\"third-party--article-mid\" data-module=\"InlineNewsletter\" data-module-source=\"web_intercept_20241230_Inline_Signup_Replacement\">\n<div class=\"-mx-5 sm:-mx-10 p-5 sm:px-10 xl:-ml-5 lg:mr-0 xl:px-5 bg-accentLight hidden\" data-name=\"subscribed\">\n<h2 class=\"font-sans font-light uppercase text-[30px] leading-8 text-white tracking-[0.01em] mb-0\">\n      We\u2019re independent of corporate interests \u2014 and powered by members. Join us.    <\/h2>\n<p>    <a href=\"https:\/\/join.theintercept.com\/donate\/now\/?referrer_post_id=494808&amp;referrer_url=https%3A%2F%2Ftheintercept.com%2F2025%2F06%2F27%2Fsupreme-court-birthright-citizenship-injunction%2F&amp;source=web_intercept_20241230_Inline_Signup_Replacement\" class=\"border border-white !text-white font-mono uppercase p-5 inline-flex items-center gap-3 hover:bg-white hover:!text-accentLight focus:bg-white focus:!text-accentLight\" data-name=\"donateCTA\" data-action=\"handleDonate\"><br \/>\n      Become a member      <span class=\"font-icons icon-TI_Arrow_02_Right\"\/><br \/>\n    <\/a>\n  <\/div>\n<div class=\"group default w-full px-5 hidden\" data-name=\"unsubscribed\">\n<div class=\"px-5 border-[10px] border-accentLight\">\n<div class=\"bg-white -my-2.5 relative block px-4 md:px-5\">\n<h2 class=\"font-sans font-body text-[30px] font-bold tracking-[0.01em] leading-8 mb-0 xl:text-[37px] xl:leading-[39px]\">\n          <span class=\"group-[.subscribed]:hidden\"><br \/>\n            Join Our Newsletter          <\/span><br \/>\n          <span class=\"group-[.default]:hidden\"><br \/>\n            Thank You For Joining!          <\/span><br \/>\n        <\/h2>\n<p class=\"text-[27px] mb-3.5 font-bold text-accentLight tracking-[0.01em] leading-[29px] font-sans xl:text-[37px] xl:leading-[39px]\">\n          <span class=\"group-[.subscribed]:hidden\"><br \/>\n            Original reporting. Fearless journalism. Delivered to you.          <\/span><br \/>\n          <span class=\"group-[.default]:hidden\"><br \/>\n            Will you take the next step to support our independent journalism by becoming a member of The Intercept?          <\/span>\n        <\/p>\n<p>        <a href=\"https:\/\/join.theintercept.com\/donate\/now\/?referrer_post_id=494808&amp;referrer_url=https%3A%2F%2Ftheintercept.com%2F2025%2F06%2F27%2Fsupreme-court-birthright-citizenship-injunction%2F&amp;source=web_intercept_20241230_Inline_Signup_Replacement\" class=\"group-[.default]:hidden border border-accentLight text-accentLight font-sans px-5 py-3.5 inline-flex items-center gap-3 text-[20px] font-bold\" data-action=\"handleDonate\"><br \/>\n          Become a member          <span class=\"font-icons icon-TI_Arrow_02_Right\"\/><br \/>\n        <\/a><\/p>\n<div class=\"font-sans text-accentLight text-[10px] leading-[13px] text-balance [&amp;_a]:text-accentLight [&amp;_a]:font-bold [&amp;_a:hover]:underline group-[.subscribed]:hidden\">\n<p>By signing up, I agree to receive emails from The Intercept and to the <a href=\"https:\/\/theintercept.com\/privacy-policy\/\">Privacy Policy<\/a> and <a href=\"https:\/\/theintercept.com\/terms-use\/\">Terms of Use<\/a>.<\/p>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/div>\n<p><!-- END-BLOCK(newsletter)[1] --><\/p>\n<p>Michael C. Dorf, a constitutional law professor at Cornell University, <a href=\"https:\/\/www.dorfonlaw.org\/2025\/06\/scotus-ruling-in-universal-injunction.html\">wrote<\/a> that the conservative wing of the Supreme Court failed to recognize that the \u201ccurrent administration is a unique threat to the rule of law,\u201d and that it was disastrous to remove such \u201ca useful tool for the judiciary to constrain the president at this particular moment.\u201d\u00a0<\/p>\n<figure class=\"wp-block-pullquote has-text-align-right\">\n<blockquote>\n<p>\u201cIt empowers an administration of lawbreakers led by a convicted criminal and insurrectionist to further evade the law.\u201d<\/p>\n<\/blockquote>\n<\/figure>\n<p>\u201cIt\u2019s such a threat because it empowers an administration of lawbreakers led by a convicted criminal and insurrectionist to further evade the law,\u201d Dorf wrote.<\/p>\n<p>The plaintiffs challenging the birthright citizenship order vowed to continue fighting the Trump administration. In one of the cases, the plaintiffs quickly filed a motion in Maryland district court to certify their lawsuit as a class action.<\/p>\n<p>\u201cEven without a universal injunction, we will continue to litigate this case to ensure that every child born in the United States receives the citizenship that the Fourteenth Amendment promises them, regardless of their parents\u2019 immigration status,\u201d said William Powell, an attorney representing the plaintiffs, in an emailed statement. \u201cThe Executive Order is unconstitutional, and nothing in the Supreme Court\u2019s decision today calls that ultimate conclusion into question.\u201d<\/p>\n<\/p><\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/theintercept.com\/2025\/06\/27\/supreme-court-birthright-citizenship-injunction\/\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Since President Donald Trump\u2019s first day back in office, Republicans in Congress have been desperate to gut federal judges\u2019 power to block his administration\u2019s unlawful executive orders, policies, and threats. On Friday, the Supreme Court\u2019s conservative supermajority gave them what they wanted, further weakening the judiciary as an effective check on a White House that [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":3670,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9],"tags":[],"class_list":{"0":"post-3669","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-usa-news"},"_links":{"self":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/posts\/3669","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3669"}],"version-history":[{"count":0,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/posts\/3669\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/media\/3670"}],"wp:attachment":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3669"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3669"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3669"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}