US Supreme Court limits federal judges' power to block Trump orders
Scope of the Decision & Competing Legal Frames
- Many commenters emphasize the ruling is formally about procedure: limiting lower federal courts’ ability to issue nationwide injunctions, not about birthright citizenship itself.
- Supporters argue district courts were overstepping, effectively giving any one of ~700 judges a temporary veto over national policy, fostering chaos and “judge shopping.” They see the ruling as restoring a “proper” separation of powers where only higher courts (or class actions) create broad, nationwide relief.
- Critics reply that injunctions are a long‑standing tool to prevent irreparable harm while legality is decided; curtailing them shifts practical power to the executive, not to Congress or the people.
Circuit Splits, Patchwork Rights, and Enforcement Games
- A core worry: the ruling encourages a patchwork where a federal action is unconstitutional for some litigants or in some circuits but enforceable everywhere else.
- Dissent-focused commenters stress a strategic loophole: the government can lose in one circuit, quietly accept a narrow injunction for the named plaintiffs, then continue the same policy elsewhere and simply not appeal, preventing Supreme Court review.
- Others note the executive can physically move detainees to favorable circuits, further exploiting inconsistent rulings.
Birthright Citizenship & the 14th Amendment
- Many see the underlying EO limiting birthright citizenship as blatantly contrary to the text and prior case law on the 14th Amendment.
- Some try to revive the “subject to the jurisdiction” argument to exclude children of non‑citizens, while others counter with legislative history and prior Supreme Court decisions that rejected this view.
- A repeated fear: babies born in one district might be recognized as citizens while identically‑situated babies elsewhere are treated as deportable “aliens.”
Access to Relief: Class Actions vs. Individual Lawsuits
- The majority points to class actions as the alternative path to broad relief; critics respond that class certification is hard, has been narrowed over time, and often isn’t available for immigration‑type harms.
- Requiring “a lawsuit for everyone” is viewed as practically impossible given cost, capacity of courts, and the ease with which people can be deported or detained before they can sue.
Executive Power, Authoritarian Drift, and Politics
- Many frame this as one more step in a trend (immunity ruling, Chevron reversal, campaign finance, voting rights) that strengthens the presidency and weakens checks, describing it as “soft enabling act” or “de facto one‑party rule.”
- Others counter that nationwide injunctions themselves were recent, legally shaky expansions; they argue that if rights are at risk, Congress must legislate and the Supreme Court must resolve splits, not trial judges.