Dem
47
GOP
53
On June 26, the Supreme Court, via its express docket, put on hold a district court's injunction against Donald Trump's Executive Order denying citizenship to certain people born in the U.S. The Supremes held that the lower court exceeded its authority in applying the injunction nationally instead of only to the parties who brought the case. But in doing so, the Court also held that a nationwide injunction may be appropriate in two situations: (1) where the district court has certified a class action challenging the XO; or (2) to ensure that the plaintiffs can obtain "complete relief" (e.g., the plaintiff states argued they would bear the cost of the different treatment in those states that chose not to challenge the XO).
The Court put its decision on hold for 30 days to allow for follow-up proceedings in the lower courts and, sure enough, the next day, the ACLU amended a federal suit it had filed in New Hampshire to certify a class of children and their parents that would be affected by the XO. After a court hearing on Wednesday, U.S. District Judge Joseph LaPlante (a George W. Bush appointee) certified a class action lawsuit on behalf of current and future U.S.-born children (the class does not include parents, as the ACLU sought).
The judge had already granted a preliminary injunction blocking the XO, but only as to the plaintiffs in the case, so that order was not affected by the Supreme Court's order. On Thursday, after certifying the class action, LaPlante expanded the preliminary injunction to apply nationwide. He held that denying citizenship is clearly irreparable harm and that it was "not a close call."
"That's irreparable harm, citizenship alone," wrote LaPlante, in his order. "It is the greatest privilege that exists in the world." In expanding the injunction, he specifically invoked the high court's recent order: "It's a better process to narrow these decisions and not have judges create national policy. That said, the Supreme Court suggested a class action is a better option."
LaPlante put the order on hold for 7 days to allow for the inevitable appeal. Needless to say, assuming the First Circuit denies the request for a stay pending appeal, this will go right back to the Supremes on yet another "emergency" basis. By now, the playbook is well-worn; we'll see if the Court once again rescues Trump while claiming it's not actually deciding anything. (L)