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Poast new message in this thread
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Date: June 27th, 2025 10:26 AM Author: stirring address
The complete-relief inquiry is more complicated for the
state respondents, because the relevant injunction does not
purport to directly benefit nonparties. Instead, the District Court for the District of Massachusetts decided that a uni versal injunction was necessary to provide the States them selves with complete relief. See 766 F. Supp. 3d, at 288.14
The States maintain that the District Court made the right
call. See Opposition to Application in No. 24A886 (New Jer-
sey), at 31–39.
As the States see it, their harms—financial injuries and
the administrative burdens flowing from citizen-dependent
benefits programs—cannot be remedied without a blanket
ban on the enforcement of the Executive Order. See, e.g.,
id., at 9–11. Children often move across state lines or are
born outside their parents’ State of residence. Id., at 31, 35.
Given the cross-border flow, the States say, a “patchwork
injunction” would prove unworkable, because it would re-
quire them to track and verify the immigration status of the
parents of every child, along with the birth State of every
child for whom they provide certain federally funded bene-
fits. Ibid.
The Government—unsurprisingly—sees matters differ-
ently. It retorts that even if the injunction is designed to
benefit only the States, it is “more burdensome than neces-
sary to redress” their asserted harms. Califano, 442 U. S.,
at 702. After all, to say that a court can award complete
relief is not to say that it should do so. Complete relief is
not a guarantee—it is the maximum a court can provide.
And in equity, “the broader and deeper the remedy the
plaintiff wants, the stronger the plaintiff ’s story needs to
be.” S. Bray & P. Miller, Getting into Equity, 97 Notre
Dame L. Rev. 1763, 1797 (2022). In short, “[t]he essence of
equity jurisdiction has been the power of the Chancellor to
do equity and to mould each decree to the necessities of the
particular case.” Hecht Co. v. Bowles, 321 U. S. 321, 329 19Cite as: 606 U. S. ____ (2025)
Opinion of the Court
(1944).
Leaning on these principles, the Government contends
that narrower relief is appropriate. For instance, the Dis-
trict Court could forbid the Government to apply the Exec-
utive Order within the respondent States, including to chil-
dren born elsewhere but living in those States. Application
in No. 24A884, at 23. Or, the Government says, the District
Court could direct the Government to “treat covered chil-
dren as eligible for purposes of federally funded welfare
benefits.” Ibid. It asks us to stay the injunction insofar as
it sweeps too broadly.
We decline to take up these arguments in the first in-
stance. The lower courts should determine whether a nar-
rower injunction is appropriate; we therefore leave it to
them to consider these and any related arguments.
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49053534)
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Date: June 27th, 2025 10:16 AM Author: bipolar business firm pocket flask
You left out a critical part tho
“The court has made it clear that it is not deciding whether the executive order is constitutional and instructed the district courts to "move expeditiously to ensure that, with respect to each plaintiff, the injunctions comport with this rule and otherwise comply with principles of equity."
https://x.com/scotusblog/status/1938600052621971665?s=46
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49053492) |
Date: June 27th, 2025 10:24 AM Author: Jet partner stag film
ketanji patted on the head:
We will not dwell on JUSTICE JACKSON’s argument, which is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself. We observe only this: JUSTICE JACKSON decries an imperial Executive while embracing an imperial Judiciary.
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49053523) |
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Date: June 27th, 2025 10:35 AM Author: carmine bateful base
the whole section on the jackson dissent is brutal
The principal dissent focuses on conventional legal terrain, like the Judiciary Act of 1789 and our cases on equity.
JUSTICE JACKSON, however, chooses a startling line of attack that is tethered neither to these sources nor, frankly,
to any doctrine whatsoever. Waving away attention to the
limits on judicial power as a “mind-numbingly technical
query,” post, at 3 (dissenting opinion), she offers a vision of the judicial role that would make even the most ardent defender of judicial supremacy blush. In her telling, the fundamental role of courts is to “order everyone (including the
Executive) to follow the law—full stop.” Post, at 2; see also
post, at 10 (“[T]he function of the courts—both in theory and
in practice—necessarily includes announcing what the law
requires in . . . suits for the benefit of all who are protected
by the Constitution, not merely doling out relief to injured
private parties”); see also post, at 11, n. 3, 15. And, she
warns, if courts lack the power to “require the Executive to
adhere to law universally,” post, at 15, courts will leave a
“gash in the basic tenets of our founding charter that could
turn out to be a mortal wound,” post, at 12.
Rhetoric aside, JUSTICE JACKSON’s position is difficult to
pin down. She might be arguing that universal injunctions
are appropriate—even required—whenever the defendant
is part of the Executive Branch. See, e.g., post, at 3, 10–12,
16–18. If so, her position goes far beyond the mainstream
defense of universal injunctions. See, e.g., Frost, 93
N. Y. U. L. Rev., at 1069 (“Nationwide injunctions come
with significant costs and should never be the default remedy in cases challenging federal executive action”). As best
we can tell, though, her argument is more extreme still, because its logic does not depend on the entry of a universal
injunction: JUSTICE JACKSON appears to believe that the
reasoning behind any court order demands “universal adherence,” at least where the Executive is concerned. Post,
at 2 (dissenting opinion). In her law-declaring vision of the
judicial function, a district court’s opinion is not just persuasive, but has the legal force of a judgment. But see Haaland v. Brackeen, 599 U. S. 255, 294 (2023) (“It is a federal
court’s judgment, not its opinion, that remedies an injury”).
Once a single district court deems executive conduct unlawful, it has stated what the law requires. And the Executive
must conform to that view, ceasing its enforcement of thelaw against anyone, anywhere.17
We will not dwell on JUSTICE JACKSON’s argument, which
is at odds with more than two centuries’ worth of precedent,
not to mention the Constitution itself. We observe only this:
JUSTICE JACKSON decries an imperial Executive while embracing an imperial Judiciary.
No one disputes that the Executive has a duty to follow
the law. But the Judiciary does not have unbridled authority to enforce this obligation—in fact, sometimes the law
prohibits the Judiciary from doing so. See, e.g., Marbury v.
Madison, 1 Cranch 137 (1803) (concluding that James Madison had violated the law but holding that the Court lacked
jurisdiction to issue a writ of mandamus ordering him to
follow it). But see post, at 15 (JACKSON, J., dissenting) (“If
courts do not have the authority to require the Executive to
adhere to law universally, . . . compliance with law sometimes becomes a matter of Executive prerogative”). Observing the limits on judicial authority—including, as relevant
here, the boundaries of the Judiciary Act of 1789—is required by a judge’s oath to follow the law.
JUSTICE JACKSON skips over that part. Because analyzing the governing statute involves boring “legalese,” post, at
3, she seeks to answer “a far more basic question of enormous practical significance: May a federal court in the United States of America order the Executive to follow the
law?” Ibid. In other words, it is unecessary to consider
whether Congress has constrained the Judiciary; what matters is how the Judiciary may constrain the Executive.
JUSTICE JACKSON would do well to heed her own admonition: “[E]veryone, from the President on down, is bound by
law.” Ibid. That goes for judges too.
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49053565) |
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Date: June 27th, 2025 2:46 PM Author: low-t chrome really tough guy menage
Is this the biggest smackdown on a fellow scotus justice ever?
Observing the limits on judicial authority—including, as relevant
here, the boundaries of the Judiciary Act of 1789—is required by a judge’s oath to follow the law.
JUSTICE JACKSON skips over that part. Because analyzing the governing statute involves boring “legalese,” post, at
3, she seeks to answer “a far more basic question of enormous practical significance: May a federal court in the United States of America order the Executive to follow the
law?” Ibid. In other words, it is unecessary to consider
whether Congress has constrained the Judiciary; what matters is how the Judiciary may constrain the Executive.
JUSTICE JACKSON would do well to heed her own admonition: “[E]veryone, from the President on down, is bound by
law.” Ibid. That goes for judges too.
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49054286) |
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Date: June 28th, 2025 12:28 PM Author: alcoholic peach headpube personal credit line
it's not like any of this was 'gotcha' material. she could have supplemented, amended, changed, etc her dissent to address the criticisms
she must be so arrogant
made me think of her clerks. about her first four
The hires include Claire Madill, who has been working in Florida as a public defender, a role Jackson once served in, and who co-founded Law Clerks for Workplace Accountability, a group of current and former law clerks that argued for the judiciary to make changes to prevent workplace misconduct.
In an email, the University of Michigan Law School graduate said she was "incredibly honored and privileged to have been given this opportunity."
Two other hires clerked for Jackson previously: Kerrel Murray, in district court, and Natalie Salmanowitz, in the D.C. Circuit.
Murray is a Stanford Law School graduate and an associate professor at Columbia Law School who writes on constitutional law, election law and race and the law. Salmanowitz, a Harvard Law School graduate, is a law clerk at Hogan Lovells.
Jackson also is hiring Michael Qian, a Stanford law graduate and associate at Morrison & Foerster who earlier clerked for Justice Ruth Bader Ginsburg, who died in 2020.
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49056169)
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Date: June 27th, 2025 10:33 AM Author: underhanded electric furnace garrison
wait a second, is this what it looks like, actually a huge blow to nationwide injunctions??
Held: Universal injunctions likely exceed the equitable authority that
Congress has given to federal courts. The Court grants the Govern-
ment’s applications for a partial stay of the injunctions entered below,
but only to the extent that the injunctions are broader than necessary
to provide complete relief to each plaintiff with standing to sue. Pp. 4–
26.
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49053550) |
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Date: June 27th, 2025 10:33 AM Author: underhanded electric furnace garrison
The issuance of a universal in-
junction can be justified only as an exercise of equitable authority, yet
Congress has granted federal courts no such power.
(These are from the syllabus)
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49053556) |
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Date: June 27th, 2025 10:34 AM Author: underhanded electric furnace garrison
Wow it looks like it:
Such injunctions are sometimes called “nationwide injunctions,” re-
flecting their use by a single district court to bar the enforcement of a
law anywhere in the Nation. But the term “universal” better captures
how these injunctions work.
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49053564) |
Date: June 27th, 2025 11:00 AM Author: stirring address
Remember after SCOTUS got rid of Chevron deference in their Loper Bright decision last year? Everyone predicted it would change everything, but it has had no noticeable impact that I can see.
I expect plaintiffs will just use the twin loopholes of class actions and having states file these actions and things will continue pretty much as before.
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49053656) |
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Date: June 27th, 2025 7:45 PM Author: amber church building alpha
nah it has bootstrapped itself into a gay race communism dictatorship.
act as a crazy policy making body, pointing to everything from international law to ancient indian traditions to feelings as authority.
people get angsty, government considers appointing justices who aren't complete crackpots. supreme court decrees their appointment illegal.
amend the legislation - supreme court deems the supreme court act, a regular statute passed by parliament, to now be a defacto constitutional document and beyond parliament's authority to amend.
etc.
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49055061)
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Date: June 27th, 2025 11:49 AM Author: bipolar business firm pocket flask
Uh oh Trumpmos. It seems your grand plan to be cunts to brown people is still in jeopardy
https://x.com/kyledcheney/status/1938625432779378958?s=46
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49053792) |
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Date: June 27th, 2025 2:21 PM Author: Milky thriller dog poop property
Stone, formerly an associate at Williams & Connolly, said he is “incredibly excited” about clerking for Justice Jackson and credited numerous Law School faculty and staff members with guiding him through the clerkship process.
“It’s definitely a once-in-a-lifetime opportunity and to say that I feel blessed would be an understatement,” he said. “I am fortunate to have a very strong community of mentors and supporters.”
https://magazine.law.duke.edu/wp-content/uploads/sites/2/2024/11/Clerks-2024-980x652.jpg
https://law.duke.edu/news/donovan-stone-20-clerk-us-supreme-court-associate-justice-ketanji-brown-jackson
“I feel like the luckiest lawyer in the country, and this opportunity means so much to me,” said Janes, who graduated from UVA’s J.D.-M.A. Program in History. “I’m a public defender with a background in legal history, and I am excited to clerk for a justice who herself was a public defender, and who so intelligently and honestly employs history to reason through our nation’s most intractable legal issues.”
https://www.law.virginia.edu/sites/default/files/styles/open_graph_image/public/images/janes-3000.jpg?h=ba5e7803&itok=WIftiFax
While at Columbia Law, Landry received the John Ordronaux Prize, awarded for the highest academic average in his graduating class, and the Emil Schlesinger Labor Law Prize.
https://www.law.columbia.edu/news/archive/joseph-r-landry-16-awarded-supreme-court-clerkship
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49054204) |
Date: June 27th, 2025 12:43 PM Author: bipolar business firm pocket flask
Plaintiff has already re-filed as a class action asking judge for a nationwide TRO
https://x.com/kyledcheney/status/1938638913234460700?s=46
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49053939) |
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Date: June 28th, 2025 1:09 PM Author: contagious jade heaven
wouldn't the class action be part of the "likely to succeed" analysis?
if so, Hawaiian judges could do real damage to plaintiff-side class action work. the judges would invite COA slapdowns and maybe even a SCOTUS slapdown.
if i were a class action guy i would not want to see Norm Eisen amend 20-30 cases to make them class actions.
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49056274) |
Date: June 27th, 2025 3:29 PM Author: Yellow sanctuary associate
Instead, to the majority, the power-hungry actors are . . . (wait for it) . . . the district courts. See ante, at 1 (admonishing district courts for daring to “asser[t] the power” to order the Executive to follow the law universally).
Instead, to the majority, the power-hungry actors are . . . (wait for it) . . . the district courts. See ante, at 1 (admonishing district courts for daring to “asser[t] the power” to order the Executive to follow the law universally).
Instead, to the majority, the power-hungry actors are . . . (wait for it) . . . the district courts. See ante, at 1 (admonishing district courts for daring to “asser[t] the power” to order the Executive to follow the law universally).
Instead, to the majority, the power-hungry actors are . . . (wait for it) . . . the district courts. See ante, at 1 (admonishing district courts for daring to “asser[t] the power” to order the Executive to follow the law universally).
Instead, to the majority, the power-hungry actors are . . . (wait for it) . . . the district courts. See ante, at 1 (admonishing district courts for daring to “asser[t] the power” to order the Executive to follow the law universally).
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49054442) |
Date: June 27th, 2025 3:48 PM Author: contagious jade heaven
legal schoalar says that Kagan's position on nationwide injunctions "just can't be right."
https://x.com/CawthornforNC/status/1938611433043800096
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49054513) |
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Date: June 27th, 2025 8:05 PM Author: amber church building alpha
you didn't see the weird naked tape?
he was a passenger in the car.
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49055110)
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Date: June 28th, 2025 4:27 AM Author: Brass offensive main people school cafeteria
Jackson: “the Judiciary—the one institution that is solely responsible for ensuring our Republic endures” …
What the hell is she talking about
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49055631)
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Date: June 29th, 2025 7:40 PM Author: contagious jade heaven
ACB's muse on this issue, a prof at Notre Dame Law, offers this NYT op-ed. libs are Yosemite Samming about it.
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Opinion
Guest Essay
The Supreme Court Is Watching Out for the Courts, Not for Trump
June 28, 2025
By Samuel Bray
Mr. Bray is a law professor at the University of Notre Dame.
On Friday, the Supreme Court decided the birthright citizenship cases — except they aren’t really about birthright citizenship. In an executive order issued in January, President Trump wanted to redefine citizenship in the United States. The court’s decision in Trump v. CASA does not address that effort; it is rather about the scope of remedies given by the federal courts.
In the decision, a 6-3 majority of the court held that the federal courts have no authority to issue universal injunctions, which are court orders that control how the government acts toward everyone in the country, not just the parties in the case. The high court’s decision has the potential to reshape the relationship between the federal judiciary and the executive branch — and the court got it right.
In rejecting the practice of universal injunctions, the Supreme Court reaffirmed the proper role of the federal courts within our constitutional system.
What the justices got right was a shift in thinking about what Americans want our courts to do, and especially how they should operate in a democracy under pressure.
There has been a shift toward a new model of judicial interaction with the executive branch. This new model has been marked by broader remedies, faster timelines, fewer trials and less factual development — which is to say, less time devoted to discovery and oral argument in lower courts. It has also meant more extreme forum-shopping for favorable judges — when plaintiffs seek out a specific judge whom they wish to hear their case, presumably because of how they expect that judge to rule.
Removing universal injunctions does not change all of that — it is not like the last Jenga block that makes the tower fall. But the universal injunction has supported and intensified all those other developments. Removing it gives the courts a chance to reset, and to shift toward the more deliberative mode in which they do their best work.
Since 2015 and the meteoric rise of universal injunctions, Federal District Courts have stepped in to stop almost every major presidential initiative, from President Barack Obama’s DACA expansion (which has protected thousands of young immigrants from deportation) to President Trump’s travel ban, and from President Joe Biden’s student loan forgiveness to President Trump’s order purporting to revoke birthright citizenship.
In line with previous precedents, the court said that federal courts have the power to give traditional equitable remedies, which emphasize fairness and justice for the parties to the case and are based on the practice of the English Court of Chancery. The universal injunction’s relative novelty — it was invented in the 20th century, and took a star turn only in the 21st — means that it lies outside of the powers of the federal courts.
In a powerful and comprehensive opinion for the majority, Justice Amy Coney Barrett showed how dissonant the universal injunction is with the traditional practice of the federal courts.
Even though the court was decisive in rejecting the universal injunction, it left open many other questions. These include when states and organizations can sue on behalf of other people, whether a federal statute called the Administrative Procedure Act allows federal courts to rule on regulations set by federal agencies for the country, and when courts should give broad injunctions to afford an individual or state plaintiff “complete relief.”
Another important question left open is how easy or hard it will be for people challenging executive orders to bring class actions, which allow an individual plaintiff to represent many other people in a case. Class actions also offer sweeping relief.
How the court decides these questions in the future will determine the decision’s practical effect.
What is not going to change because of this decision is birthright citizenship. The court stated that the executive order would not go into effect for 30 days, which gives plenty of time for the challengers to switch from universal injunctions to other avenues like class actions. I expect the courts to continue to reject in case after case the government’s arguments for the birthright citizenship order. The likely result is that President Trump’s unconstitutional executive order on birthright citizenship will never go into effect.
But something else is at stake — competing visions for the role of the courts in our constitutional system. One vision is to say that the job of every judge is to declare the law and make sure everyone, including the president, follows it all the time. There’s a lot to be said for following the law, and in our constitutional system, no one is above it.
Another vision is to say that the chief job of the courts is to decide cases. Resolving disputes is what gives the courts their legitimacy: It is the core of the judicial power given by the Constitution, and robust judicial power is tolerable in a democracy precisely because the judges stay in their lane. A judge’s job is not to say, “Someone is wrong on the internet” and then do something about it. Instead, her job is to decide the case before her fearlessly, according to the existing law, and to give the proper remedy to whichever party wins.
These two visions were on offer in the opinions in Trump v. CASA, with Justice Ketanji Brown Jackson offering the first vision in dissent, and Justice Barrett offering the second vision for the majority.
We live in a time of great pressure on our constitutional system, with a president who thinks he can make laws (he can’t), suspend laws (he can’t) and punish enemies without a trial (he can’t). It is precisely at this time that the first vision is most attractive — and the second vision is most essential.
The courts must defend constitutional rights and liberties. But they must defend them as courts defend them: deciding cases for the parties and giving remedies to the parties. That function is what gives courts their constitutional legitimacy in a democratic society.
It will mean that courts don’t have the power to remedy every wrong. And it will mean that a patchwork of rulings sometimes persists. But to remedy every wrong immediately and everywhere — outside of the case and the parties — is not what the courts are designed for.
In rejecting the concept of the universal injunction, the Supreme Court reaffirmed the proper role of the federal courts within our constitutional system. It is not naïve or undemocratic for the courts to lead by example in adhering to the rule of law.
Samuel Bray is a law professor at the University of Notre Dame.
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49059098)
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Date: June 29th, 2025 8:18 PM Author: alcoholic peach headpube personal credit line
"We live in a time of great pressure on our constitutional system, with a president who thinks he can make laws (he can’t), suspend laws (he can’t) and punish enemies without a trial (he can’t)."
make laws-forgive student loan debt
suspend laws-student loan debt, border enforcement
punish enemies without a trial-jan 6 commission, impeachment farces, fraud trial is only about damages
(http://www.autoadmit.com/thread.php?thread_id=5743734&forum_id=2...id.#49059193) |
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