May 15, 2025 · 2 hr 16 min · 13 segments
Trump v. CASA Inc. Justia · Docket · oyez.org Argued on May 15, 2025. Petitioner: Donald J. Trump, President of the United States, et al. Respondent: CASA, Inc., et al. Advocates: D. John Sauer…
John SauerGuest
Jeremy M. FeigenbaumGuest
Kelsi B. CorkranGuest
Ketanji Brown JacksonGuest
Sonia SotomayorGuest
Elena KaganGuest
Amy Coney BarrettGuest
Brett KavanaughGuest
Neil GorsuchGuest
Samuel AlitoGuest
John RobertsHost
Clarence ThomasGuest
Chief Justice, and may it please the Court, on January 20, 2025, President Trump issued Executive Order 14160, protecting the meaning and value of American citizenship.
This order reflects the original meaning of the 14th Amendment and which guaranteed citizenship to the children of former slaves, not to illegal aliens or temporary visitors.
Multiple district courts promptly issued nationwide or universal injunctions blocking this order, and a cascade of such universal injunctions followed.
Since January 20th, district courts have now issued 40 universal injunctions against the federal government, including 35 from the same five judicial districts.
This is a bipartisan problem that has now spanned the last five presidential administrations.
Universal injunctions exceed the judicial power granted in Article III, which exists only to address the injury to the complaining party.
They transgress the traditional bounds of equitable authority, and they create a host of practical problems.
They circumvent Rule 23 by offering all the benefits but none of the burdens of class certification.
They operate asymmetrically, forcing the government to win everywhere while the plaintiffs can win anywhere.
They create what Justice Powell described as repeated and essentially head-on confrontations between the life-tenured and representative branches of government.
And they disrupt the Constitution's careful balancing of the separation of powers.
Chief Justice, and may it please the Court, on January 20, 2025, President Trump issued Executive Order 14160, protecting the meaning and value of American citizenship.
This order reflects the original meaning of the 14th Amendment and which guaranteed citizenship to the children of former slaves, not to illegal aliens or temporary visitors.
Multiple district courts promptly issued nationwide or universal injunctions blocking this order, and a cascade of such universal injunctions followed.
Since January 20th, district courts have now issued 40 universal injunctions against the federal government, including 35 from the same five judicial districts.
This is a bipartisan problem that has now spanned the last five presidential administrations.
Universal injunctions exceed the judicial power granted in Article III, which exists only to address the injury to the complaining party.
They transgress the traditional bounds of equitable authority, and they create a host of practical problems.
They circumvent Rule 23 by offering all the benefits but none of the burdens of class certification.
They operate asymmetrically, forcing the government to win everywhere while the plaintiffs can win anywhere.
They create what Justice Powell described as repeated and essentially head-on confrontations between the life-tenured and representative branches of government.
And they disrupt the Constitution's careful balancing of the separation of powers.
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