Overview

• During oral arguments on May 15, the justices shifted focus from the constitutionality of President Trump’s birthright citizenship order to the authority of district judges to issue nationwide injunctions.
• Government lawyers noted that about 40 nationwide injunctions have targeted the Trump administration in under four months, describing the surge as a “bipartisan problem” that encourages forum shopping.
• Several justices warned that unchecked universal injunctions risk producing conflicting citizenship rules across states and upsetting the separation of powers.
• Proponents argue that nationwide injunctions remain essential to check executive overreach when class-action certification proves impractical.
• Congress has advanced a provision requiring courts to post bonds before issuing injunctions, reflecting growing bipartisan concern over judicial authority.