Neutral Principles for Birthright Citizenship on the Emergency Docket

Acting Solicitor General filed emergency applications in three birthright citizenship cases ( 24A884 , 24A885 , and 24A886) The government does not seek any remedy based on a likelihood of success on the merits, rather on procedural grounds.

Five members of the Court have criticized nationwide injunctions.

Julian Zelizer : Whether a district court may properly enjoin the Executive Branch's development and publication of policies is a weighty separation-of-powers question.

Zelizer asks: Will Justice Barrett deny standing to the blue states, as she did to Texas in Brackeen ? He says Supreme Court should scrutinize the blue state's claim for standing as meticulously as she scrutinized Missouri 's claim in Murthy v. Missouri .

I will repeat what I wrote last week . Lower courts are issuing universal orders with impunity, and are not granting stays to seek appellate review. There has been an inversion of Article III . I know the Court does not want to be accused of another Dred Scott (and you know that criticism is coming). The Court could have cleaned up this mess in the USAID case, but we all know how that one turned out. When you keep kicking the can down the road, eventually the can is no longer a can..