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Supreme Court Curbs Nationwide Injunctions, DOJ Prepares Birthright Citizenship Guidance

By confining injunctions to named parties, the 6-3 decision pushes challengers toward class-action and APA routes, raising uneven enforcement risks.

Chief Justice John Roberts and President Donald Trump. (AP)
An American flag waves in front of the U.S. Supreme Court building, Monday, June 27, 2022, in Washington. (AP Photo/Patrick Semansky)
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Overview

  • Justices held that universal injunctions likely exceed the authority granted under the Judiciary Act of 1789, limiting relief to named plaintiffs.
  • The Justice Department is developing guidance to enforce President Trump’s birthright citizenship order after lower courts’ injunctions were partially stayed.
  • Challengers swiftly filed amended class-action complaints and new Administrative Procedure Act lawsuits to seek broad relief for those affected by the citizenship rule.
  • Legal experts warn that narrower injunctions will complicate litigation, enable government delays through class-certification challenges, and create a patchwork of enforcement.
  • Editorial boards and advocacy groups are calling on Congress to clarify or restore courts’ equitable powers to issue broader remedies against executive actions.