by Two weeks ago, President Trump hailed the Supreme Court’s decision as a “historic victory” after it decided in his favor in a case involving his attempts to outlaw birthright citizenship.
However, the triumph might not last long.
The 6-to-3 decision, which extended to the plaintiffs as well as everyone else impacted by the contested program across the country, significantly curtailed a crucial tool federal trial courts had used to curb presidential power: universal injunctions.
However, the judges clarified that class actions, which allowed individuals dealing with a shared issue to unite in a single lawsuit to secure nationwide redress, were still a useful tool.
At first glance, the distinctions between the two processes can appear to be technical. However, universal injunctions have long been viewed as an unfounded judicial power grab by people of all ideological persuasions. The Federal Rules of Civil Procedure, on the other hand, provide specific rules for class actions, which are a well-established procedure.
On Thursday, New Hampshire federal judge Joseph N. Laplante adopted class lawsuits, creating a new front in the fight against Mr. Trump’s attempt to reinterpret who is eligible to become a citizen. The action was also a fresh indication that Mr. Trump’s Supreme Court victory might not be as permanent as initially thought.
A class of all children born to parents who are temporarily or illegally in the United States was provisionally certified by the judge. He then entered a preliminary injunction in their favor, preventing Mr. Trump’s restriction on birthright citizenship from being enforced. It was applicable all over the country.
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