Media Contact
The Supreme Court heard oral arguments this morning on whether lower courts have the authority to issue nationwide injunctions – broad rulings that have, among other things, blocked President Trump’s executive order aimed at limiting birthright citizenship.
Jacob Hamburger, a visiting associate professor at Cornell Law School, studies immigration federalism, and explores the role of state and local governments in the national system of immigration enforcement and regulation.
Jacob Hamburger
Visiting Assistant Professor of Law
“The justices focused almost exclusively on the procedural question of whether lower courts can enjoin the enforcement of the birthright citizenship order. Many of the justices seemed concerned that this was a difficult case to use to resolve controversies over nationwide injunctions, both because of the important underlying constitutional questions, and the technicalities of how the case has proceeded.
“The outcome will depend on whether the justices – particularly Justices Barrett and Kavanaugh – think an alternative to nationwide injunctions is workable. If the Court is poised to limit the existing injunctions, it may also order additional briefing to address the constitutional and statutory merits.”
