Justices Give Alternative Path to Block Trump Orders Nationwide
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Diverging Reports Breakdown
Justices Give Alternative Path to Block Trump Orders Nationwide
The Supreme Court said it can temporarily block policies from applying to groups of people in potential class actions. Legal scholars see it as a good sign for litigants trying to stop Trump policies like the birthright citizenship restrictions. Even a ruling that limits or eliminates nationwide injunctions might not cut off all opportunities for nationwide relief, one professor says. The various criteria for class certification could prove to be obstacles for relief long-term, another says.. Justice Samuel Alito disagreed with his colleagues entirely, saying the court can’t side-step class certification considerations. The ruling on the Venezuelan deportations signals to lower courts that they can provide limited relief without a nationwide injunction.
Source: News.bloomberglaw.com | Read full article
Takeaways from the Supreme Court arguments on birthright citizenship and nationwide injunctions
The Supreme Court on Thursday seemed open to lifting a series of nationwide orders blocking President Donald Trump from enforcing his birthright policy. Some key conservatives suggested that the groups challenging Trump’s order might look to other types of lawsuits to stop the policy from taking effect. But that left several of the conservatives questioning what to do, in the meantime, with Trump”s policy, which appears to conflict directly with the text of the 14th Amendment. It might be more challenging and take more time, but, he said, it would be more consistent with the way courts normally work. It would be a “potentially important one,” Kavanaugh said at one point. “And you are claiming that both the Supreme Court and the administration would even fight in court against a request for class certification in this case,’” he said. ‘We care about the technicalities,‘ he said at another point, ‘and we’re going to shut down the order’
Source: Cnn.com | Read full article
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Source: https://news.bloomberglaw.com/us-law-week/justices-give-alternative-path-to-block-trump-orders-nationwide