Thank you for sharing your expertise. We’re learning things piecemeal, without the basics of how the law does or CAN work, but each case builds more under standing.
Can you explain why almost every (if not every) single constitutional question under review in any given case would not require a universal injunction for exactly the reasons NJ has given for its need for a nationwide injunction.
The typical individual plaintiff (e.g., an undocumented immigrant challenging the birthright citizenship executive order) can receive "complete relief" from an injunction that prevents the order from being applied only *to them.* States are different because their alleged injuries arise not from *individual* withholding of citizenship, but from the far greater costs they'd incur if they had to develop some process to determine whether individuals are or are not citizens based upon where they were born/whether they were/are protected by an injunction. That ought to work in the birthright citizenship cases; it's not clear yet how many other Trump policies can be challenged on a similar state-injury theory.
Thank you Steve and Katie for this comprehensive discussion on the class action process!!
I think what weighs so heavily on most of us listening is how much faith we've all lost in SCOTUS. It's clearly apparent they are not a non partisan body of justice officials. I think many of us have no confidence in the Supreme court any longer , especially now that they reveal the weakness of not only their personal ethics(Taking favors undeclared) but also their professional ethics. It feels like we're falling down the rabbit hole and wonderland is fraught with horrors waiting.
It’s crazy that something so obviously unconstitutional as denial of Birthright Citizenship is being subjected to so much back and forth. This challenge to our constitution should have been swatted down hard when it first raised its ugly head.
How do we stop all this nonsense with the “Shadow Docket?” Turning the Supremes into the “Court of First Appeal” doesn’t seem to be in any of our interest.
got it. Thank you for your response. And did I mention that (as a lawyer myself) I absolutely LOVE your newsletters - I find them funny, easy to ready and extremely informative. At this stage of our apparent transformation (or, if I try to be optimistic, ongoing attempts at transformation) from a democracy to .... something else, ALL I care about is SCOTUS - will they sell us down the river - under cover of procedure or illogic "logic" (or, as you often point out) no logic at all. Thanks again
The only law I have ever had was business law in the late 1970s and early 1980s, so class action was something I had actually read something about, but it was decades ago and I had forgotten. I did not know the extent it might be used in these cases.
How about a class of citizen who have a right to be governed by the Constitution?
That is what I wish could be the case.
Clearly, I was studying business and economics and many other things and have no idea what is possible and not a law student, but one can simply dream about People v. Trump.
The answer is simple. Let every American—every lover of liberty, every well-wisher to his posterity—swear by the blood of the Revolution never to violate, in the least particular, the laws of the country, and never to tolerate their violation by others. As the patriots of ’76 pledged themselves to the support of the Declaration of Independence, so let every American pledge his life, his property, and his sacred honor to the support of the Constitution and the laws. Let every man remember that to violate the law is to trample on the blood of his father and to tear the charter of his own and his children’s liberty. Let reverence for the laws be breathed by every American mother to the lisping babe that prattles on her lap; let it be taught in schools, in seminaries, and in colleges; let it be written in primers, in spelling books, and in almanacs; let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice. And, in short, let it become the political religion of the nation. Let the old and the young, the rich and the poor, the grave and the gay, of all sexes, tongues, and conditions, sacrifice unceasingly upon its altar.
Barrett's comment in reply to justice Jackson recently: do you think that portends the court's decision when it takes up the merits of birthright citizenship?
Hahaha. “We represent the majority.” Shades of the wizard of Oz. SCOTUS represents no one except themselves and the naked ass who seats himself on the golden throne.
Katie and Steve, you are a phenomenal team explaining these critical legal concepts, in the weeds or not. Thank you so much.
Thank you for sharing your expertise. We’re learning things piecemeal, without the basics of how the law does or CAN work, but each case builds more under standing.
Can you explain why almost every (if not every) single constitutional question under review in any given case would not require a universal injunction for exactly the reasons NJ has given for its need for a nationwide injunction.
The typical individual plaintiff (e.g., an undocumented immigrant challenging the birthright citizenship executive order) can receive "complete relief" from an injunction that prevents the order from being applied only *to them.* States are different because their alleged injuries arise not from *individual* withholding of citizenship, but from the far greater costs they'd incur if they had to develop some process to determine whether individuals are or are not citizens based upon where they were born/whether they were/are protected by an injunction. That ought to work in the birthright citizenship cases; it's not clear yet how many other Trump policies can be challenged on a similar state-injury theory.
Thank you Steve and Katie for this comprehensive discussion on the class action process!!
I think what weighs so heavily on most of us listening is how much faith we've all lost in SCOTUS. It's clearly apparent they are not a non partisan body of justice officials. I think many of us have no confidence in the Supreme court any longer , especially now that they reveal the weakness of not only their personal ethics(Taking favors undeclared) but also their professional ethics. It feels like we're falling down the rabbit hole and wonderland is fraught with horrors waiting.
I am watching this issue very carefully. As a naturalized citizen and a non white...I am paying attention!! Thank you Steve and Katie!!
It’s crazy that something so obviously unconstitutional as denial of Birthright Citizenship is being subjected to so much back and forth. This challenge to our constitution should have been swatted down hard when it first raised its ugly head.
How do we stop all this nonsense with the “Shadow Docket?” Turning the Supremes into the “Court of First Appeal” doesn’t seem to be in any of our interest.
got it. Thank you for your response. And did I mention that (as a lawyer myself) I absolutely LOVE your newsletters - I find them funny, easy to ready and extremely informative. At this stage of our apparent transformation (or, if I try to be optimistic, ongoing attempts at transformation) from a democracy to .... something else, ALL I care about is SCOTUS - will they sell us down the river - under cover of procedure or illogic "logic" (or, as you often point out) no logic at all. Thanks again
Thank you!
The only law I have ever had was business law in the late 1970s and early 1980s, so class action was something I had actually read something about, but it was decades ago and I had forgotten. I did not know the extent it might be used in these cases.
How about a class of citizen who have a right to be governed by the Constitution?
That is what I wish could be the case.
Clearly, I was studying business and economics and many other things and have no idea what is possible and not a law student, but one can simply dream about People v. Trump.
The answer is simple. Let every American—every lover of liberty, every well-wisher to his posterity—swear by the blood of the Revolution never to violate, in the least particular, the laws of the country, and never to tolerate their violation by others. As the patriots of ’76 pledged themselves to the support of the Declaration of Independence, so let every American pledge his life, his property, and his sacred honor to the support of the Constitution and the laws. Let every man remember that to violate the law is to trample on the blood of his father and to tear the charter of his own and his children’s liberty. Let reverence for the laws be breathed by every American mother to the lisping babe that prattles on her lap; let it be taught in schools, in seminaries, and in colleges; let it be written in primers, in spelling books, and in almanacs; let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice. And, in short, let it become the political religion of the nation. Let the old and the young, the rich and the poor, the grave and the gay, of all sexes, tongues, and conditions, sacrifice unceasingly upon its altar.
Excellent discussion on the law and issues. Thanks, Steve and Katie!
Barrett's comment in reply to justice Jackson recently: do you think that portends the court's decision when it takes up the merits of birthright citizenship?
Hahaha. “We represent the majority.” Shades of the wizard of Oz. SCOTUS represents no one except themselves and the naked ass who seats himself on the golden throne.