The Justice Department urged the Supreme Court to limit the authority of federal district court judges regarding nationwide injunctions. Solicitor General John Sauer argued that such injunctions exceed the judicial powers outlined in Article III of the Constitution. The case in question relates to three universal injunctions that halted President Donald Trump's executive order aimed at denying birthright citizenship to children born in the U.S. to undocumented immigrants.
Sauer articulated that while courts typically grant relief to plaintiffs, the practice of issuing nationwide injunctions creates significant issues. He suggested that this approach encourages "rampant forum shopping," pressures judges into making hurried decisions with limited information, and creates an uneven playing field where the government must prevail in all jurisdictions while challengers need success in just one.
During the proceedings, it was noted that 35 of the 39 universal injunctions against the Trump administration originated from five specific courts, including those in Massachusetts, Maryland, and California. The justices posed procedural inquiries, with the liberal members, particularly Justice Sonia Sotomayor, expressing skepticism about the constitutionality of Trump’s actions on birthright citizenship. Sotomayor raised concerns that if the Justice Department's viewpoint were adopted, individual gun owners might need to seek separate relief if a hypothetical ban were imposed.
Conversely, Justice Clarence Thomas questioned the necessity of universal injunctions, pointing out that such measures were not prevalent prior to the 1960s. Justice Brett Kavanaugh also sought clarification on the practicalities of implementing Trump's executive order, to which Sauer noted that the administration was impeded shortly after the order was issued.
In a related statement from overseas, Trump criticized the concept of birthright citizenship, asserting that it was originally intended for former slaves and not for individuals entering the U.S. from other regions.