The Chief’s Blue Plate Special On Birthright Citizenship: A Second Helping Of DACA Reliance Interests
Yesterday, I predicted that the Supreme Court will avoid resolving the various nationwide injunction issues in the birthright citizenship cases. Instead, the Court would issue a merits ruling based on the Fourteenth Amendment to make the case go away.
A few colleagues said I was wrong, and that the merits issue was not adequately briefed. I’m not so concerned. The Court can always restore the case to the docket for the fall and order supplemental briefing. Injunctions are in place now, so time is not of the essence.
Another colleague suggested that the Court will find the national injunctions are improper, but suggest that the lower courts could certify nationwide classes under Rule 23. I suppose that opti
Article from Reason.com
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