The realistic danger today isn’t that SCOTUS will invalidate nationwide injunctions as to birthright citizenship challenges but rather that it will impose a high standard for such injunctions that other challenges can’t meet. 1/2- I still think former Judge Costa’s proposal makes the most sense — require plaintiffs who seek nationwide injunctions to go before a three-judge court. 2/3 harvardlawreview.org/blog/2018/01...
May 15, 2025 13:24
