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Chapter 1: What Supreme Court case is being discussed in this episode?
It certainly did not seem like a majority of the United States Supreme Court was buying what Donald Trump and the regime were selling on the issue of birthright citizenship. A major oral argument was held today before the United States Supreme Court
where the Trump regime was challenging the right of federal courts to issue nationwide injunctions and specifically in the context of nationwide injunctions, blocking the regime via executive order to eliminate the constitutional right to birthright citizenship. Donald Trump believes that
that he could execute an executive order overruling the Constitution, and that federal courts can't issue nationwide injunctions to block him. So this case before the Supreme Court was more surgically dealing with the issue of nationwide injunctions, but some of the issues between injunctions, meaning like a single court being able to block an administration or regime's ability to
institute something on a nationwide basis. That was what was mostly addressed, but because it does relate to the merits as well in birthright citizenship, you heard a little bit of the merits argument made there. The case was consolidated of multiple cases, Trump versus New Jersey, Trump versus Washington, and Trump versus Casa Inc., the solicitor general.
For New Jersey, the top law enforcement attorney general, rather, in New Jersey was the person who argued this case for all of the states. And for Trump, you had his solicitor general of the United States, John Sauer, who was previously Donald Trump's personal attorney. So let me go through some of the highlights of what went down today.
Then let's talk more comprehensively about what took place today. Here is Justice Kagan, a liberal justice.
Here's what she had to say. Play this clip. It sort of depends on the government's own actions in a case like this one. where one can expect that there is not going to be a great deal of disagreement among the lower courts. I mean, let's assume that you lose in the lower courts pretty uniformly as you have been losing on this issue. And that you never take this question to us.
I mean, I noticed that you didn't take the substantive question to us. You only took the nationwide injunction question to us. I mean, why would you take the substantive question to us? You're losing a bunch of cases. This guy over here, this woman over here, you know, they'll have to be treated as citizens, but nobody else will. Why would you ever take this case to us?
Well, in this particular case, we have deliberately not presented the merits to this court on the question of the scope of remedies, because, of course, that makes it a clean vehicle where the court doesn't have to look at it.
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Chapter 2: How is the Trump administration challenging nationwide injunctions?
As I understand it, longstanding policy of the Department of Justice. Yes, that we generally, as it was phrased to me, generally respect circuit precedent, but not necessarily in every case. And some examples might be a situation where we're litigating to try and get that circuit precedent overruled and so forth.
Well, OK, so I'm not talking about a situation in which, you know, the Second Circuit has a case from 1955 and you think it's time for it to be challenged. That's not what I'm talking about. I'm talking about in this kind of situation. I'm talking about this week, the Second Circuit holds that the executive order is unconstitutional. And then what do you do the next day or the next week?
Generally, we follow. So you're still saying generally? Yes. And you still think that it's generally the policy, longstanding policy of the federal government to take that approach? That is my understanding. OK, so but it sounds to me like you accept a Cooper versus Aaron kind of situation for the Supreme Court, but not for, say, the Second Circuit.
Where you would respect the opinions and the judgments of the Supreme Court, and you're saying you would respect the judgment, but not necessarily the opinion of a lower court.
And again, and I think in the vast majority of instances, our practice has been to respect the opinion as well. in the circuits as well. But my understanding is that has not been a categorical practice in the way respect for the precedents and the judgments of the Supreme Court has been.
So you're not hedging at all with respect to the precedent of this court?
That is correct. I believe the quotation from our application directly addresses that, and we stand by that completely.
Okay. And here is a moment at the Supreme Court where Trump Solicitor General John Sauer admits to Justice Kavanaugh, another Trump appointee, that Trump has no idea how to actually enforce his birthright citizenship. Author Max Burns was there reporting. Play this clip.
On the day after it goes into effect. It's just a very practical question how it's going to work. What do hospitals do with a newborn? What do states do with a newborn?
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