Listeners, here’s the latest from the United States Supreme Court. The biggest headline from recent days is the fallout from Trump v. CASA, Inc., the birthright citizenship case. The Supreme Court did not make a ruling about who qualifies as a citizen, but instead put an end to the widespread use of nationwide injunctions by federal trial courts. These universal injunctions had allowed a single plaintiff to halt a government policy across the country almost instantly. With the Court’s ruling, judges can now only grant relief to plaintiffs who are parties to a case, so anyone else affected must bring their own lawsuit or join a class action. Justice Brett Kavanaugh emphasized that class actions and suits under the Administrative Procedure Act remain pathways for broader relief, and, in fact, civil rights attorneys responded immediately by filing a nationwide class-action suit that quickly led to a preliminary injunction blocking the Trump administration’s executive order restricting birthright citizenship for all affected children. The government is expected to appeal, and listeners should expect more litigation and perhaps a return to the Supreme Court for a final decision.
Marriage equality is also back in focus, as Kim Davis, the former Kentucky clerk who refused to issue marriage licenses to same-sex couples, has asked the Supreme Court to reconsider its landmark 2015 ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide. Legal experts believe her case is extremely narrow and unlikely to unsettle existing precedent, as the lower courts have consistently denied her arguments and there is broad consensus that the core ruling will stand.
In the background, another major point of tension is the Supreme Court being asked to weigh in on whether immigration agents can use racial profiling—part of broader challenges to the Trump administration’s policies at the intersection of civil rights and immigration enforcement. At the same time, the Court is expected to soon consider a Second Amendment case with drug law implications, which could shape how firearms restrictions intersect with other federal laws.
Finally, listeners should know that the Supreme Court’s latest moves are causing ripple effects beyond just headline cases. Advocacy organizations and legal commentators continue to debate the impact of strictly limiting court orders to plaintiffs rather than the whole country, including what it means for civil rights, business, and government policy, as well as concerns about “shadow docket” decisions and emergency relief processes.
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