June 27, 2025

Moments away — we'll be getting the last cases of this Supreme Court term.

The cases will be posted on the Court's website, here. And here's the live-blogging at SCOTUSblog.

Here's Grok's summary of the remaining cases — birthright citizenship, racial gerrymandering, the nondelegation doctrine, Obamacare, access to on-line porn, and parents opting their kids out of woke school lessons.

UPDATE 1: "Universal injunctions likely exceed the equitable authority that Congress has given to federal courts. The Court grants the Government’s applications for a partial stay of the injunctions entered below, are broader than necessary to provide complete relief to each plaintiff with standing to sue" — Trump v. CASA. This is the "birthright citizenship" case, but it did not address the issue "whether the Executive Order violates the Citizenship Clause or Nationality Act. Instead, the issue the Court decides is whether, under the Judiciary Act of 1789, federal courts have equitable authority to issue universal injunctions." Decided 6-3 (in the usual 6-3 breakdown).

From Justice Barrett's opinion: The universal injunction was conspicuously nonexistent for most of our Nation’s history. Its absence from 18th- and 19th-century equity practice settles the question of judicial authority. That the absence continued into the 20th century renders any claim of historical pedigree still more implausible. Even during the “deluge of constitutional litigation that occurred in the wake of Ex parte Young, throughout the Lochner Era, and at the dawn of the New Deal,” universal injunctions were nowhere to be found....Had federal courts believed themselves to possess the tool, surely they would not have let it lay idle."

Addressing Justice Jackson's dissent, Barrett writes: "JUSTICE JACKSON decries an imperial Executive while embracing an imperial Judiciary. No one disputes that the Executive has a duty to follow the law. But the Judiciary does not have unbridled authority to enforce this obligation—in fact, sometimes the law prohibits the Judiciary from doing so. See, e.g., Marbury v. Madison, 1 Cranch 137 (1803) (concluding that James Madison had violated the law but holding that the Court lacked jurisdiction to issue a writ of mandamus ordering him to follow it). But see post, at 15 (JACKSON, J., dissenting) ('If courts do not have the authority to require the Executive to adhere to law universally, . . . compliance with law some-times becomes a matter of Executive prerogative'). Observing the limits on judicial authority—including, as relevant here, the boundaries of the Judiciary Act of 1789—is required by a judge’s oath to follow the law. JUSTICE JACKSON skips over that part. Because analyzing the governing statute involves boring 'legalese,' post, at 3, she seeks to answer 'a far more basic question of enormous practical significance: May a federal court in the United States of America order the Executive to follow the law?' Ibid. In other words, it is unnecessary to consider whether Congress has constrained the Judiciary; what matters is how the Judiciary may constrain the Executive. JUSTICE JACKSON would do well to heed her own admonition: '[E]veryone, from the President on down, is bound by law.' Ibid. That goes for judges too."

UPDATE 2: Kennedy v. Braidwood rejects the Appointments Clause challenge to the U. S. Preventive Services Task Force. The members of the task force are deemed "inferior officers," thus not needing appointment by the President and Senate confirmation. This one is 6-3 in an unusual way. Sotomayor, Kagan, and Jackson join the majority opinion written by Kavanaugh (and also joined by Roberts and Barrett). The dissenters are Thomas, Alito, and Gorsuch.

UPDATE 3: FCC v. Consumers' Research — "The universal-service contribution scheme does not violate the nondelegation doctrine." Another 6-3 the unusual way — with a dissent from Thomas, Alito, and Gorsuch.

UPDATE 4: Mahmoud v. Taylor, 6-3, the usual way. "Parents challenging the Board’s introduction of the 'LGBTQ+-inclusive' storybooks, along with its decision to withhold opt outs, are entitled to a preliminary injunction." Justice Alito writes for the majority:

The Board of Education of Montgomery County, Maryland (Board), has introduced a variety of “LGBTQ+-inclusive” storybooks into the elementary school curriculum. These books—and associated educational instructions provided to teachers—are designed to “disrupt” children’s thinking about sexuality and gender. The Board has told parents that it will not give them notice when the books are going to be used and that their children’s attendance during those periods is mandatory. A group of parents from diverse religious backgrounds sued to enjoin those policies. They assert that the new curriculum, combined with the Board’s decision to deny opt outs, impermissibly burdens their religious exercise. 

Today, we hold that the parents have shown that they are entitled to a preliminary injunction. A government burdens the religious exercise of parents when it requires them to submit their children to instruction that poses “a very real threat of undermining” the religious beliefs and practices that the parents wish to instill. Wisconsin v. Yoder, 406 U. S. 205, 218 (1972). And a government cannot condition the benefit of free public education on parents’ acceptance of such instruction. Based on these principles, we conclude that the parents are likely to succeed in their challenge to the Board’s policies....

I added the boldface. The school was so out front in its desire to reprogram children. They must have been pious believers... or at least people who felt called to pose as pious believers. 

UPDATE 5: Free Speech Coalition v. Paxton, 6-3, the usual way, upholding the Texas law that restricts access to on-line porn. How do you exclude minors without burdening access for everyone? Here, the state required age verification. "But adults have no First Amendment right to avoid age verification. Any burden on adults is therefore incidental to regulating activity not protected by the First Amendment. This makes intermediate scrutiny the appropriate standard under the Court’s precedents." And the law "advances important governmental interests unrelated to the suppression of free speech and does not burden substantially more speech than necessary to further those interests." 

Kagan writes in dissent: "[I]f a scheme other than H. B. 1181 can just as well accomplish that objective and better protect adults’ First Amendment freedoms, then Texas should have to adopt it (or at least demonstrate some good reason not to). A State may not care much about safeguarding adults’ access to sexually explicit speech; a State may even prefer to curtail those materials for everyone. Many reasonable people, after all, view the speech at issue here as ugly and harmful for any audience. But the First Amendment protects those sexually explicit materials, for every adult. So a State cannot target that expression, as Texas has here, any more than is necessary to prevent it from reaching children."

UPDATE 6: The racial gerrymandering case — Louisiana v. Callais — will be reargued. Justice Thomas, alone, dissents: "These cases also warrant immediate resolution because, due to our Janus-like election-law jurisprudence, States do not know how to draw maps that 'survive both constitutional and VRA review.'"

138 comments:

Saint Croix said...

Big fan of the nondelegation doctrine!

Administrative agencies can fuck off.

You heard it here first.

rehajm said...

Hawaiian judges hardest hit...

rehajm said...

...even with a punt...

Saint Croix said...

Racial gerrymanders are illegal as shit. Double or triple unconstitutional. At least double. Any law with "racial" or "gerrymander" in it, you ought to presume unconstitutionality in our republic. ```

Dave Begley said...

Big win for POTUS. Hawaiian federal judges hardest hit.

Achilles said...

If you actually apply the doctrine of Equal Protection these cases are easy to decide.

But most all of the progressive platform is about benefitting one tribe at the expense of another because they are inherently stupid and uncompetitive people.

Almost every case here is some form of meritocracy vs. tribal favoritism.

rehajm said...

...you could have let us exceed our powers with the neat and tidy UIs, instead we'll flood the districts with class actions!!!

Jersey Fled said...

Finally (I hope)

Esteban said...

ACB just dunking all over Jackson in a way I haven't someone dunk since either Michael Jordan or Scalia.

mezzrow said...

M-M-M... Gracious.

Mason G said...

"ACB just dunking all over Jackson..."

The nerve! Isn't that racist *and* sexist?

Leland said...

Huh, when they said no one is above the law, they only meant Trump was required to follow the law. Glad to see Barrett explaining why that's not how it works.

Dave Begley said...

KBJ gets Marbury v. Madison wrong! LOL.

Krumhorn said...

Finally!

- Krumhorn

gspencer said...

Good to read/see Biden's AA pick getting scorched.

Dave Begley said...

KBJ is a Harvard Law alum! Genius!

Dave Begley said...

Next thing you know and ACB will be telling KBJ what a woman is.

gspencer said...

The latest AA pick probably won't be sitting at Barrett's table in the USSC's cafeteria.

Dave Begley said...

What really burned me up during the Clarence Thomas confirmation hearings was all the libs asserting that he wasn't smart enough to do the job. He was Alpha Sigma Nu at the College of the Holy Cross; a Jesuit school.

He is plenty smart and time has proven it.

Sebastian said...

"That goes for judges too." OK, but who will judge the judges, if in another case SCOTUS fails to rein in the lower-court partisans? And of course, SCOTUS itself is not bound by "the law"--they can make it up, and have.

Iman said...

Looks like KBJ is reaping the whirlwind…

Big Mike said...

IANAL so could someone help me out? Did not Justice Kagan come out against nationwide injunctions during the Biden administration? Does it mean that she believes nationwide injunctions should only apply to Donald Trump?

WisRich said...

Barrett writes: "JUSTICE JACKSON decries an imperial Executive while embracing an imperial Judiciary.

Wow

rehajm said...

Barrett writes: "JUSTICE JACKSON decries an imperial Executive while embracing an imperial Judiciary.

...that's a railroad spike in the coffin of conservatives are always the ones trying to exceed their Constitutional powers...

Jersey Fled said...

Jackson has clearly wrested the crown of dumbest Justice on the Court from The Wise Latina. In fact, Sotomayor has sound half-rational on a few cases lately.

Jackson just continues to embarrass herself and the idiots that nominated and confirmed her.

rehajm said...

...keep in mind the plan pre-Hillary was to have Jackson joined by three more just like her...or worse...

mindnumbrobot said...

Jackson is young, which means we have years of embarrassing slap downs to look forward to.

narciso said...

actually she should go back to One L, misunderstanding of basic precedents,

rehajm said...

...if you're watching SCOTUSBlog can't you just hear the weeping? The right needs it's own SCOTUSBlog - haha

Greg The Class Traitor said...

JUSTICE JACKSON would do well to heed her own admonition: '[E]veryone, from the President on down, is bound by law.' Ibid. That goes for judges too."

So 6 members of SCOTUS are claiming they're tired of District Court judges violating the law. The question is , will they actually do anything about it?

We just had A Boston DC judge announce he's going to ignore SCOTUS's Monday order in DHS v. D.V.D. Yet SCOTUS has yet to slap him down and remove him from the case.

Talk is cheap

FormerLawClerk said...

Jackson is also a fucking idiot, which means we have even more years of embarrassing slap downs to look forward to.

mindnumbrobot said...

Damn. I'm not a lawyer, but even I understand the absolute beat down Barrett delivered on Jackson. Savage.

Greg The Class Traitor said...

So, two 6-3 decisions with the "other 6" Roberts, Kavanaugh & Barrett joining with Kagan, Sotomayor & Jackson.
Kavanaugh: Kennedy v. Braidwood Management, Inc.: Members of the U. S. Preventive Services Task Force are inferior officers, all that talk about them being "independent" is just washed away with this garbage:
“independent” is best read to mean that Task Force members must not be unduly influenced by their outside professional affiliations with universities, hospitals, and professional associations.
Kagan: FCC v. Consumers’ Research:
Universal Service Administrative Company isn't a violation of the non-delegation doctrine

Greg The Class Traitor said...

Yay! Alito got Mahmoud v. Taylor! And all remaining decisions are Alito, Thomas, or Roberts!
Parents challenging the Board’s introduction of the “LGBTQ+-inclusive” storybooks, along with its decision to withhold opt outs, are entitled to a preliminary injunction

Bob B said...

My only suggested change to Barrett’s takedown of the liberal justices is “JUSTICE JACKSON decries an imperial Executive while embracing 677 imperial judges.” (There are 677 authorized judgeships for the U.S. District Courts.)

Dave Begley said...

Kagan needs to sit down with KBJ and tell her to stop being so stupid as it is embarrassing. Or at least let Kagan edit KBJ's dissents.

Greg The Class Traitor said...

The Board’s introduction of the “LGBTQ+-inclusive” story-
books, combined with its decision to withhold notice to parents and to forbid opt outs, substantially interferes with the religious development of petitioners’ children and imposes the kind of burden on religious exercise that Yoder found unacceptable. The books are unmistakably normative. They are designed to present certain values and beliefs as things to be celebrated, and certain contrary values and beliefs as things to be rejected.
Take, for example, the message sent by the books concerning same-sex marriage. Many Americans “advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned.” Obergefell v. Hodges, 576 U. S. 644, 679. That group includes each of the parents in this case. The storybooks, however, are designed
to present the opposite viewpoint to young, impressionable children who are likely to accept without question any moral messages conveyed by their teacher’s instruction. The storybooks present same-sex weddings as occasions for great celebration and suggest that the only rubric for determining whether a marriage is acceptable is whether the
individuals concerned “love each other.”

6-3 to drive a stake through the heart of the Left's indoctrination

Quayle said...
This comment has been removed by the author.
Quayle said...

Jackson seems to forget that there are voters who also have a say in what a president does - directly through their initial and reelecting (or non-reelecting) votes, and indirectly through congress. She, on the other hand, is the most remote from the voters of the bunch, and presumes to allocate to herself and her cohorts, the ultimate power and final say.

So many want power to do good, but so few are good enough to be trusted with that power

Bob B said...

Looks like the left’s unchallengeable governmental LGBTQ+ theocracy may be coming to an end.

Greg The Class Traitor said...

The Court does not accept the Board’s characterizations of the “LGBTQ+-inclusive” instruction as mere “exposure to objectionable ideas” or as lessons in “mutual respect.” The storybooks unmistakably convey a particular viewpoint about same-sex marriage and gender.

And now you can't do that without telling parent ahead of time, and offering them an opt-out

This is and will be beautiful.
Because all of the Left's beliefs are such worthless shit that the only way they can be advanced is in an environment where disagreement is not allowed.
It's why we only get lefty trolls here, and why the Left is so big on censorship: because the Left is garbage, and knows it

wild chicken said...

"Hawaiian federal judges hardest hit."

So this DOES mean one district court can't foil up the whole country? I never heard of such a power either ...until Trump. Only over its own district, or circuit court over circuit.

Coincidence I'm sure

Maynard said...

Gee. One might get the impression that Justice Jackson was a DEI admit to Harvard and a DEI nomination to the SCOTUS.

Of course, it is racist to think that, so I apologize to all who were offended.

Greg The Class Traitor said...

The government’s operation of public schools is not a matter of “internal affairs” akin to the administration of Social Security or the selection of “filing cabinets.” Bowen, 476 U. S., at 700. It implicates direct, coercive interactions between the State and its young residents.

No more deference to the failed "experts"

Readering said...

Reminder that different plaintiffs loved universal injunctions under Biden, and the USSC didn't stay them.

Greg The Class Traitor said...

The courts below erred by dismissing this Court’s decision in Yoder ... Contrary to the suggestions of the courts below, Yoder embodies a robust principle of general applicability.

More beating down of the Left

Greg The Class Traitor said...

To all this saying "gee, that idiot Jackson is so stupid she's making the Left look bad." No. Kagan and Sotomayor agreed with every word that ACB was beating Jackson for, there. Otherwise they would have advised changes before the opinion ever came out.

The Left is about Will to Power, nothing more. Since there's a Republican President, that means they think left wing "judges" should be unbound by the law.

The problem wasn't how Jackson pushed their position, the problem is that their position is such utter garbage that it's not possible to make a reasonable argument for it

Greg The Class Traitor said...

Readering said...
Reminder that different plaintiffs loved universal injunctions under Biden, and the USSC didn't stay them.

Really, Readering?

Which universal injunctions vs the Biden Admin did NOT get stayed by SCOTUS?

Hell yes we supported them vs Biden after all the "Hawaiian judge" ones under Trump 1. Precedent should always be enforced against the people who made it.

But, do tell us were SCOTUS actually let us USE that precedent during the "Biden" Admin. I'll wait

Quayle said...

In our constitutional republic, the "experts" are the individual voters. There are no other "experts" of consequence. Your credentials and office may persuade, but they should never be determinative. The experts - the only ones that matter - are, and must remain, the voters.

Jersey Fled said...

So what happens to all of those universal injunctions now?

Greg The Class Traitor said...

But when a deprivation of First Amendment rights is at stake, a plaintiff need not wait for the damage to occur before filing suit. Susan B. Anthony List v. Driehaus, 573 U. S. 149, 158. To evaluate the plaintiffs’ claims, the Court need only decide whether—if teachers act according to the clear and undisputed instructions of the Board—a burden on religious exercise will occur.
...
But when a law imposes a burden of the same character as that in Yoder, as does the challenged Board policy here, strict scrutiny is appropriate regardless of whether the law is neutral or generally applicable.

Ah, the tears, the glorious tears of the Left. There was a long gap between the release of Trump v CASA and the next case, and there's another long gap after Mahmoud. I expect there's long reading and great wailing and gnashing of teeth from Sotomayor reading her garbage dissent here

Greg The Class Traitor said...

But the Board’s conduct in continuing to permit opt outs in a variety of other circumstances undermines its assertion that its no-opt-out policy is necessary to serve that interest

So, new rule from SCOTUS: if you give an opt-out for ANYTHING, then you have to give it to the conservatives you hate.

Greg The Class Traitor said...

Thus, the petitioners have shown that they are entitled to a preliminary injunction. Specifically, until all appellate review in this case is completed, the Board should be ordered to notify the petitioners in advance whenever one of the books in question or any other similar book is to be used in any way and to allow them to have their children excused from that instruction.

Complete win for the good guys

Greg The Class Traitor said...

How did we only get 5 cases today? Louisiana Gerrymandering case is still out. I'm cutoff from X right now, did Roberts announce another opinion day?
Because it's not on their website

n.n said...

Celebration of the transgender spectrum violates both religious (i.e. behavioral) norms and rational standards of fitness.

Michael said...

You have to read the whole opinion to get how ACB kicked KBJ squarely in the nuts.

Greg The Class Traitor said...

So LA v Callais is here: https://www.supremecourt.gov/opinions/24pdf/24-109_l53m.pdf
They punted to next term, and Thomas is pissed.

The big problem is Allen v. Milligan https://www.supremecourt.gov/opinions/22pdf/21-1086_1co6.pdf a 2023 Roberts & Kavanaugh special:
ROBERTS , C. J., delivered the opinion of the Court, except as to Part III–B–1. SOTOMAYOR , KAGAN, and J ACKSON, JJ., joined that opinion in full, and KAVANAUGH, J., joined except for Part III–B–1. KAVANAUGH, J., filed an opinion concurring in all but Part III–B–1. THOMAS , J., filed a dissenting opinion, in which GORSUCH, J., joined, in which BARRETT , J., joined as to Parts II and III, and in which ALITO, J., joined as to Parts II–A and II–B. ALITO, J., filed a dissenting opinion, in which GORSUCH, J., joined.

Hopefully the Trump Admin can push SCOTUS to some sort of sanity on this next term.

On the plus side, this punt means it's unlikely the case will be decided in time to affect the 2026 Congressional elections, so the pro-GOP gerrymander will survive at least one more election

Greg The Class Traitor said...

Jersey Fled said...
So what happens to all of those universal injunctions now?
They are now all "non Universal", and the Trump Admin can start treating them as such

n.n said...
This comment has been removed by the author.
Greg The Class Traitor said...

So every decision today was 6-3. Free Speech Coalition, Inc. v. Paxton rounds out with the traditional 6-3. Requiring porn sites to get age verification is "intermediate scrutiny" and Texas meets the burden

Christopher said...

I just don't like "likely" here:

Universal injunctions likely exceed the equitable authority that Congress has given to federal courts.

based on past progressive District Court dodges, which seems to provide an opening for further delay. I guess we'll find out soon.

tommyesq said...

Kagan writes in dissent: "[I]f a scheme other than H. B. 1181 can just as well accomplish that objective and better protect adults’ First Amendment freedoms, then Texas should have to adopt it

So did Kagan identify this alternative "scheme?" Was it presented by a party in the briefing? Or was this just meaningless posturing?

Greg The Class Traitor said...

Kagan writes in dissent: "[I]f a scheme other than H. B. 1181 can just as well accomplish that objective and better protect adults’ First Amendment freedoms, then Texas should have to adopt it (or at least demonstrate some good reason not to)

No, Kagan, that's not what "intermediate scrutiny" means. And even if it DID mean that, the burden should be on the plaintiffs to prove that there IS another way, rather than on Texas to prove there isn't

Since the Plaintiffs didn't provide that other way, you lose, as you should

Greg The Class Traitor said...

So did Kagan identify this alternative "scheme?" Was it presented by a party in the briefing? Or was this just meaningless posturing?

No, no, yes

Big Mike said...

Mahmoud v. Taylor is of particular interest to me since a son and his family live in Montgomery County, MD. I note in passing that it has dawned on gay spokesman Andrew Sullivan that going after kids is tactically the worst possible thing that the LGBTQ movement could have done. Sullivan calls it a “blood libel” that gays are forever trying to groom kids, but he should probably discuss that with the two boys adopted by William and Zachary Zulock.

Jupiter said...

"The school was so out front in its desire to reprogram children." The people running most American public schools are Hellspawn. The idea that they can be prevented from indulging their grotesque perversion is absurd. Make them stop today, they will start again tomorrow. Homeschooling or private school is the only solution.

gspencer said...

Today, June 27th, is the featured date in Shirley Jackson's 1948 New Yorker story The Lottery,

https://en.wikipedia.org/wiki/The_Lottery

Place The Lottery within the genre of horror literature.

Jersey Fled said...

“ They are now all "non Universal", and the Trump Admin can start treating them as such”

What is the probability that plaintiffs, or more correctly their big money backers, will continue to litigate if there is no big national impact.

Kakistocracy said...

“When a court concludes that the Executive Branch has acted unlawfully, the answer is not for the court to exceed its power, too,” the majority opinion said.

It’s a good ruling, a strong defense of democracy which will become clear to the majority of commenters here when the shoe is on the other foot and a Democratic president can’t be thwarted nationally by some right-wing district judge. A little surprised Kagan didn’t see it that way.

gilbar said...

" Sullivan calls it a “blood libel” that gays are forever trying to groom kids.."

maybe (Just MAYBE) gays should STOP grooming kids?
maybe (Just MAYBE) That would help convince people that that gays are NOT forever trying to groom kids..
??
i mean, it's Just An Idea. It's so Krazy.. It MIGHT Just Work!

Danno said...

Jersey Fled said..."So what happens to all of those universal injunctions now?"

I saw somewhere that the judges will turn them into class action cases and do a class injunction.

FWBuff said...

Many thanks, Professor! Your summaries and analyses of Supreme Court decisions are so important. This is one of my top reasons for reading your blog for 20+ years.

n.n said...

The justices are wary of following progressive principles entombed in the Democratic law that mandates queer sexual orientations inclusion: transgender spectrum, pedophilia, sadomasochism, polygamy, etc.

Big Mike said...

"These cases also warrant immediate resolution because, due to our Janus-like election-law jurisprudence, States do not know how to draw maps that 'survive both constitutional and VRA review.'"

Justice Thomas was only on the winning side in 3 of the 6 cases, but IMAO he was right on very one.

Kakistocracy said...
This comment has been removed by the author.
Kakistocracy said...

As a constitutional originalist, I do not think that judges should be allowed to issue nationwide injunctions against executive orders. But when we have a Democratic president again, I will probably change my mind about all of this.

bagoh20 said...

The universal injunctions decision is weak relative the arguments it's based on, which should suffice to end the Judicial overreach. Hundreds of unelected partisans can be shopped by political activist to override the choice of tens of millions of voters without incurring any risk to their positions. That's just not sustainable. If both sides did it like this, the Executive branch would be ornamental.

john mosby said...

"Homeschooling or private school is the only solution."

Or individualized AI instruction, which could be done at home or, if you really need school-as-babysitting, in a revised school setting.

No one has really been talking about AI replacing teachers the way people have been talking about AI replacing lawyers, content creators, programmers, etc. But if you think about it, AI makes the most sense for elementary education, where you are teaching settled knowledge.

Something like the Vulcan educational pods in the Star Trek reboot films, where each kid is working with an AI tutor, would speed up every kid's progress. Everyone would have an Individual Educational Plan. The AI tutor wouldn't let you sit in the back of the class shooting spitballs. It could draw on thousands of man-years of teaching experience to deal with your individual learning abilities and disabilities.

The time freed up by the efficient education could be used for sports, arts, or, heaven forbid, unsupervised play. That would fulfil the school-as-socialization function, if you believe in that sort of thing.

AI instruction would eliminate a lot of the arguments against homeschooling. Even an illiterate non-English-speaking parent could put the kid in the pod for a few hours a day. Heck, they might want to get in the pod themselves.

If you still go to a physical school for the pod, the teachers' union can keep all their jobs. They would just be attendance takers and pod-maintenance technicians. Most of them would be happier. The most motivated teachers would supervise the enrichment activities enabled by the pod efficiency freeing up time.

RR
JSM

Left Bank of the Charles said...

The Court’s decision in Trump v. CASA would have more credibility if they had ruled against universal injunctions during the Biden administration. However, if Justice Kavanaugh is to be believed, the decision may not matter as much as first appears.

Injunctions against new statutes or executive actions, even though limited to the parties, will continue to be appealable to the Court.

Kavanaugh says “the Court’s disposition of applications for interim relief often will effectively settle, de jure or de facto, the interim legal status of those statutes or executive actions nationwide.”

Yancey Ward said...

"The Court’s decision in Trump v. CASA would have more credibility if they had ruled against universal injunctions during the Biden administration."

And even more credibility if they had ruled against them in the 1st Trump Administration- right, Charles?

Yancey Ward said...

I can already tell you what is going to happen to the universal, nationwide injunctions- they will continue to be issued forcing either the various appeals courts to stay them under this ruling or SCOTUS having to do so each and everytime. The district courts are already starting to ignore SCOTUS decisions before today.

What Trump will have to do is to simply ignore these universal injunctions citing today's decision and let the district court judges attempt to enforce their rulings.

Keith said...

Re: Schools advocating for homosexuality for children and making these classes mandatory:



OK so I know that six justices – more or less – decide cases based on what does the constitution say on the topic and 3 decide based not on what does the constitution say but what advances their leftist politics –

And I understand the conservative or constitutional view point – the constitution is clear the government cannot its views over the practice of religion (and of course free speech and press etc are in that first amendment)

But what is the argument of the three? Clearly traditional western religion (Judaism, Christianity, Islam) reject homosexuality and transgender ideology. It’s foundational in Judaism. How could anyone possibly believe that mandating promotion of homosexuality and transgender ideology does not conflict with the first amendment?

I’d be interested for the author to include that in this post.

Keith said...

Yancey Ward said...

I can already tell you what is going to happen to the universal, nationwide injunctions- they will continue to be issued forcing either the various appeals courts to stay them under this ruling or SCOTUS having to do so each and everytime. The district courts are already starting to ignore SCOTUS decisions before today.

What Trump will have to do is to simply ignore these universal injunctions citing today's decision and let the district court judges attempt to enforce their rulings.
6/27/25, 11:46 AM
...

Now that there is a SC ruling saying essentially that, would it be irrational or wrong for DJT to ignore those rulings and cite this SC ruling that says they may not so rule?

bagoh20 said...

"would it be irrational or wrong for DJT to ignore those rulings and cite this SC ruling that says they may not so rule?"
Having a SC decision supporting you versus the other side's obvious TDS should be a no-brainer, so the Democrats will still have issues with it. We are at a point where reason itself is like Cilantro - some love and use it, and some think it tastes like soap.

AlbertAnonymous said...

Good God, KBJ's dissent in the CASA case is awful.

At one point she says:

"Our Constitution indisputably confers individual rights that operate as unequivocal protections against government action."

Um, no. Our rights are God given, they don't come from the constitution. Read the 10th Amendment.

Way to go Brandon!

Greg The Class Traitor said...

Left Bank of the Charles said...
The Court’s decision in Trump v. CASA would have more credibility if they had ruled against universal injunctions during the Biden administration.

1: Same challenge to you as to Readering: Do list the universal injunctions against the BIDEn Admin that SCOTUS Allowed to operate

2: You are wrong. Group X introduces a new precedent like "District Court judges tromp all over the President's powers. Allowing that precedent to be used against the next President of the Party that created it is simple justice.
It's only when it's used by the original creators that it's proper to strike it down

Left Bank of the Charles said...

Greg, I’ll only do half of your research for you. There were 14 nation-wide injunctions issued against the a Biden administration. You tell me how many the Supreme Court struck down before the decision on the merits.

The Middle Coast said...

I appreciate the links to the decisions. Thank you.

James K said...

"There were 14 nation-wide injunctions issued against the a Biden administration. You tell me how many the Supreme Court struck down before the decision on the merits."

Did Biden bring the broader issue of district court injunctions to SCOTUS? They don't rule on anything that isn't brought to them. I don't know how many of those 14 they struck down, but the merits of the individual cases isn't the issue, it's the power of district judges to make nationwide rulings.

The Middle Coast said...

Curious why the majority focuses so much on the Brown dissent. Massive slap down. Need to ask the law professors whether the Brown dissent was really that bad.

The Middle Coast said...

Sorry, Jackson, not Brown. Ugh.

planetgeo said...

I believe Yancey Ward has put forth the exactly correct strategy going forward for Trump with regard to what to do about the existing nation-wide injunctions... Ignore every single one of them and move forward, citing the Supreme Court decision, and leave it to those petitioners and judges to flail about with follow-up legal processes while his actions and policies get implemented and stay implemented while those processes continue.

Darkisland said...

So how does this affect birthright citizenship? I know the Supremes punted on it. President Trump had issued an executive order ending it.

So does this mean that the executive order is in effect and anyone born to illegal alien parents since February is not a citizen and subject to deportation?

Or are we back to 150 years of what seems to have been settled law, or at least practice? (Anyone born here is a citizen except diplomats)

Current law 8 U.S. Code § 1401 echos the Constitution:

"(a) a person born in the United States, and subject to the jurisdiction thereof;" [is a citizen at birth]

Not "sole" jurisdiction, just jurisdiction and there seems to be no doubt that anyone present in the US is subject to jurisdiction. (X dips)

Could someone born in the US but excluded by the XO argue that "If I am not a citizen, I am not subject to US jurisdication."? Probably not but it might be worth an obfuscatory try.

I am an ardent believer in birthright citizenship as practiced for the past 150 years or so. So far it is really the only thing I seriously disagree with President Trump on. I really wish he would back off on his XO. At a minimum, I hope he continues non-enforcement of it.

John Henry

Big Mike said...

Regarding Louisiana v. Callais every single redistricting is hugely controversial because no matter how hard the commission works, and with as little bias as humanly possible, the resulting districts are simply bound to run afoul of some regulation or judicial precedent. At some point the Supreme Court has to stop kicking the can down the road and (mixed metaphor) grasp the nettle. Strong, measurable, guidelines aree we needed, and by years ago.

n.n said...

Democratic gerrymandering using Diversity blocs has a liberal and progressive history in the pursuit of capital and control.

Smilin' Jack said...

“A government burdens the religious exercise of parents when it requires them to submit their children to instruction that poses “a very real threat of undermining” the religious beliefs and practices that the parents wish to instill. Wisconsin v. Yoder, 406 U. S. 205, 218 (1972).”

I’d call it crazy v. crazy, but at least the best crazies won.

ChrisSchuon said...

The assertion that the First Amendment protects pornography is suspect. Non-enforcement of obscenity laws does not mean that the Constitution prohibits enforcement. The plantiffs in this case host and distribute material that would be classified as obscene under any of the Court's formulations. Those case are probably coming up next.

Leland said...

Related to recent SCOTUS decisions, CBP is preparing to deport Abrego Garcia to a third country. A lower court judge has said the government can’t deport Garcia to his home country of El Salvador or Guatemala, so another one will be selected, I’m sure after asking permission of the country to take him.

SCOTUS recently ruled this as a solution. The ruling makes sense when dealing with immigrants claiming asylum. The executive needs the right to move these immigrants to a country willing to accept them, because we simply can’t take all asylum claim, and there will be legitimate claims that ought not be sent back from wince they came. In Garcia’s case, I think it is a mistake, but because of his testimony and the misguided decisions of his counsel and a judge; he will now be sent to a random country where I’m sure he and his family don’t want him to go and will have less access to his family.

Clyde said...

@ John Henry

No other country in the world allows pregnant women to come to their country, give birth and then the child is automatically a citizen of that country. I am a strong supporter of limited, legal immigration, but not unlimited, unvetted illegal immigration like the Biden administration allowed for four years. The sensible way to do it is that any child born in the U.S. or overseas to at least one American citizen parent is automatically an American citizen. Everyone else can get in line and apply to come here legally.

Clyde said...

And I wouldn't strip any current American citizen born before the date of President Trump's executive order of their citizenship, no matter their parents' immigration status. If their parents get deported, the child could come back when he or she reaches age 18. But any child born in the U.S. after Trump's executive order to parents who are not U.S. citizens and are here illegally should not be American citizens, and this should be the rule going forward unless Congress writes new legislation about it or unless the Supreme Court declares Trump's executive order unconstitutional.

JaimeRoberto said...

Jackson is still young. She has time to evolve.

Kirk Parker said...

Clyde,

Your comment at 2:57pm unfortunately neglects to clarify whether the pregnant woman referred to is here legally or illegally.

Could you elaborate?

Clyde said...

@ Kirk Parker

Sure. Since the example we are talking about is "birth tourism," it doesn't really matter whether the mother is here legally on a tourist visa (or some other temporary visa) or not; her baby should be a citizen of her home country, not the United States, unless the father was an American citizen.

gadfly said...

Barrett's ruling did leave open the availability of class-action lawsuits against Trump's executive order. In fact, whether she meant to or not, Barrett effectively invited such suits by referring to nationwide injunctions as a "class-action workaround."

Tina Trent said...

Thank you, Justice Barrett.

I'd like to know which clerks wrote for Sotomayor and Jackson: they're clowns. And, sorry Jaime, the Supreme Court is not a Head Start pre-school. That was a truly pathetic showing.

Yancey Ward said...

"Greg, I’ll only do half of your research for you. There were 14 nation-wide injunctions issued against the a Biden administration. You tell me how many the Supreme Court struck down before the decision on the merits."

Did the Biden Administration ever challenge the issuance of nationwide injunctions, Left Bank, like Trump's did with this particular case? SCOTUS won't issue a ruling without a case.

Iman said...

Not tired of winning. As soon as America has developed its next weapon - the Bunco Buster - it’ll be curtains for the corksoakin’ Democrats. They’ve earned it!

Mason G said...

"the Supreme Court is not a Head Start pre-school."

Democrats: "A person's value is based on their skin color and sex."

And this from people who can't define "woman". What else might you expect from Democrats?

Yancey Ward said...

"Barrett's ruling did leave open the availability of class-action lawsuits against Trump's executive order. In fact, whether she meant to or not, Barrett effectively invited such suits by referring to nationwide injunctions as a "class-action workaround."

Getting certified as a class action is a much higher hurdle than just filing an individual claim in district court and is open to far more challenges to overturn any issued injunctions. Of course, we can expect the left to abuse this judicial process, too.

MadTownGuy said...

"I added the boldface. The school was so out front in its desire to reprogram children. They must have been pious believers... or at least people who felt called to pose as pious believers. "

One needn't be a believer, pious or otherwise, to object to indoctrination and proselytization of impressionable young children.

Craig Mc said...

Barrett administering the judicial swirly on Jackson!

Greg The Class Traitor said...

Left Bank of the Charles said...
Greg, I’ll only do half of your research for you. There were 14 nation-wide injunctions issued against the a Biden administration. You tell me how many the Supreme Court struck down before the decision on the merits.

1: I'm not the shit for brains claiming that the GOP abused universal injunctions against the Dems, you are.
2: There's been 35 universal injunctions issued so far against Trump 2. There were 14 against Biden in 4 years. There were 64 against Trump 1 over 4 years.

From your source:
On April 7, 2023, Judge Kacsmaryk7 issued a nationwide stay that suspended the FDA’s drug approval.8 Hours later, Judge Rice of the U.S. District Court for the Eastern District of Washington granted a “dueling”9 injunction that enjoined the FDA from changing its guidance and approvals in seventeen states and the District of Columbia.

So the first one they listed got a "dueling" one almost immediately fired off by a corrupt left wing "judge" in response.
Oh, and that one (the anti-Biden one) was canceled by SCOTUS

John henry said...

Clyde said...

@ John Henry

No other country in the world allows pregnant women to come to their country, give birth and then the child is automatically a citizen of that country.

Canada doesn't even require a woman to come into the country. If they are flying over Canada, say London to Japan with no intention of touching down and the baby is born while in Canadian airspace, it is a Canadian citizen. That gives the baby, but not necessarily the mother, a lifetime right to live in Canada and all other benefits of Canadian citizenship.

Mexico is similar.

30-40 other countries have similar birthright citizenship. A number more have birthright citizenship with some conditions.

https://www.statista.com/chart/34472/countries-which-practice-birthright-citizenship/?__sso_cookie_checker=failed

I really don't care what other countries do. Our constitution is clear. It does not require sole jurisdiction. It only requires jurisdiction.

We have had this officially for 150 years and unofficially for nearly 250 years. It has never been a problem that I can see up to this day.

I agree that anchor babies, to the extent that they exist, are a problem. But that is a legal, not a constitutional, issue. A baby's citizenship should not confer any rights on the mother.

Want to change birthright citizenship? Amend the Constitution. And I will oppose that but if it goes through, will accept it.

John Henry

Greg The Class Traitor said...

More from Charlie's source:
President Total Injunctions Injunctions Issued by Opposing Party Percentage
Bush 6 3 50.0%
Obama 12 7 58.3%
Trump 64 59 92.2%
Biden 14 14 100.0%
Total 96 83 86.5%

In short: universal injunctions were almost totally an evil of the Democrats, and the GOP retribution was a sad, sickly, response compared to the offenses committed by the Dems

RCOCEAN II said...

Its too bad Scalia wasn't alive to write the rebutall to Jackson, it would've been much more vivid and clear. The Check on the "executive abuse of power" Lies with Congress. Not only is there impeachment. But Congress must confirm federal appointees and has the power of the purse.

Almost every "Trump abuse" could be overidden immediately by Congress passing a law. We dont need 700 district courts judges to "protect the Country from abuse of power".

Greg The Class Traitor said...

Through the end of President Biden’s third year in office, 14 nationwide injunctions were issued, halting vaccine mandates,35 immigration policies,36 climate-change cost estimates,37 and stimulus programs for farmers of color

1: "Vaccine" mandates: it's been known since Sept of 2021 that the Covid shot was not meaningfully a vaccine, in that it did not prevent the spread of Covid. https://pmc.ncbi.nlm.nih.gov/articles/PMC8481107/
As such, there is NO legitimate grounds for mandating that people get the shot

2: "immigration policies" by which they mean the Biden Admin violating immigration law
3: "stimulus programs for farmers of color": IOW illegal racist programs

So the fundamental difference here is that the anti-Biden injunctions were actually legitimate, whereas the anti Trump ones are pretty much all illegitimate and illegal (District Courts don't have jurisdiction over firing disputes or contract violations (all those payment lawsuits). The first go to MSPB & the second go to Federal Courts of Claims.

But do keep digging that hole deeper

RCOCEAN II said...

And of course both ACB and Jackson ignore the real truth. We leftwing judges who will do anything to stop Trump (or any other conservative/MAGA President) from using his POTUS power to push his agenda. We've had an insane amount of injuctions and inference in every action of the Executive branch. We even have district courts deciding who Trump can let in the Press Conferences.

None of this happened under Biden or Obama. Even though they issued more executive orders. So, it has nothing to do with "Abuse of Executive power". The leftwing judges are results driven. They use their power to push their agenda. They rule for up when it helps the D's, and they rule for down when it helps the D's.

RCOCEAN II said...

I hope people realize that if you get 5 democrats on the SCOTUS you will see an "abuse of power" that will make that power mad Judge in Brazil seem like a model of judicial constraint.

All this occurs between the Senate Republicans want it so. As usual they're AWOL on every judicial overreach. That's because they personally AGREE with the overeach. Or their big donors do. They only pretend to like "Scalia like judges" during the election.

John henry said...

The problem with having to have one American citizen as a parent for automatic citizenship is how do you prove it?

I suspect that there are a significant number of people who might have trouble proving that even one of their parents was a US citizen. I could probably prove that DJ Byer and Jack Henry were citizens. Not sure of the process but assume that since I know their history and family I could do it.

I would have a much harder time proving that they were my mother and father and I was not born to a pair of Italians here illegally. Yes, a woman claiming to be DJ Byer gave birth to me, but was it really her or someone who stole her identity. Jack Henry claimed to be my father but how could I prove it? Both are long dead and cremated.

I know I am making a kind of crazy hypothetical. But it is easy to prove that I was born here. I have an official NY birth certificate with footprint certifying I was born at Ludington Hospital on a certain date. In a worst case, someone might want to compare my footprint with the one on record.

When I read about the horror stories of citizenship in other countries, I thank God that I was born in the US where it is so simple. Born here? You are a US citizen. End of discussion.

Even then we still have the occasional problem like the Jersey girl in the 90s(?) whose father was a diplomat and thus she was not a US citizen. But, when they tried to deport her it turned out that he had not, technically, legally, been a dip at the time of her birth and she was a US citizen.

Nope. Keep the bright line simplicity.

John Henry

RCOCEAN II said...

Its an old story. The R's *pretended* to be against busing, but when they had a chance to pass a bill stopping it they refused to pass it. In the 80s, you had Reagan and a 55 Republican Senate, and a house that passed an anti-busing bill. But Gosh darn it , Howard Metzenbaum threatened to filibuster it, so it couldn't be passed. Gosh darn it.

But Bob dole tried. Really.

Dole also saved affirmative action. Or rather, he just couldn't pass it because 1 Democrat senator threatened to filibuster. Gosh darn it.

RCOCEAN II said...

Never in my lifetime have the Senate R Leadership ever tried to rein in the Judiciary. No matter what the Judges do.

John henry said...

If insisting on sole jurisdiction, there could be problems with children born to US parents. Suppose the parent has dual citizenship? In some countries, that citizenship passes to the baby.

You might wind up with a baby born in the US subject to the jurisdiction of Japan AND the US.

If you insist on SOLE jurisdiction for citizenship at birth how do you square that circle?

The answer that most anti-birthrighters give is something like "Trust the government to work it out and do the right thing."

No.

We've seen how trusting the govt to do the right thing works.

John Henry

john mosby said...

Ah jeez. Trump said in a presser that the Amd 14 birth clause was "meant for the babies of slaves." Cue all the snarky talking heads correcting him: "heh heh, there weren't any slaves when the 14th amendment was passed - they were freed by the 13th," "it applied to adults as well as babies, heh heh," "it's Formerly Enslaved Persons now, you racist," etc.

You know what he means, jackasses.

RR
JSM

Mason G said...

"The problem with having to have one American citizen as a parent for automatic citizenship is how do you prove it?"

Sounds like an argument for letting everybody who shows up on election day have a ballot. Because it might be difficult to prove that you're entitled to receive one.

Aught Severn said...

We are at a point where reason itself is like Cilantro - some love and use it, and some think it tastes like soap.

Wait, some people like cilantro?! Weirdos and freaks. I hereby declare a universal injunction on the use of cilantro. As the baseball great Yogi Berra famously said: "Cilantro... even saying the word makes me throw up a little bit in my mouth. "

n.n said...

An unPlanned child follows the citizenship by birth or through naturalization of both her mother and father.

The 14th Amendment offers a grandfathering exception to former slaves not eligible for citizenship. Ironically, today, they could enjoy the same or superior rites... rights as illegal aliens.

John henry said...

Mason G

That's what we do in Puerto Rico. If you show up at a poll between 9&2 when they are open, you get a ballot and you get to vote. (you also get your finger iscannd 3 times

But your secure voter ID cad gets checked against the registration list.

No voter ID card? Not on the list? You still get to vote but your ballot is placed in an envelope to be adjudicated later. Unless the election is close, I don't think it ever gets counted.

Easy easy. Our elections are so trustworthy we don't even have jokes about election fraud.

I keep hearing that birth tourism is a problem. But the problem is if the baby can anchor parent & siblings. If we put a stop to that, or the perception of it, how many tourists would we get? 10m?maybe.how many of those children would return? Maybe half?

How is that a problem.?

John Henry

John henry said...

I was wondering about the number of women Health Canada sends to the US to give birth. I remembered 10-20m annually.

Gemini didn't know but the official total from USG is 6,700 per month for all non-citizen non-resident births. Some is birth tourism but gemini didn't know how much.

Say 3/4 at a guess. That is 60m annually. Why is this a problem?

John Henry

Mason G said...

"But the problem is if the baby can anchor parent & siblings. If we put a stop to that, or the perception of it..."

"If"? There's no "if" about it- it's happening. Until that's shut down, what your suggested plan for citizenship does is encourage lawbreaking in order to acquire citizenship for the child of the lawbreaker.

How about making the ability to get around those laws as hard to do as it is to vote as a non-citizen in PR? Do that first, and then we can talk some more about the process of becoming a US citizen.

Mason G said...

"Why is this a problem?"

It's not if you can guarantee that US taxpayers will never be forced to support the children of non-citizen non-residents.

Can you?

Iman said...

“Dole also saved affirmative action. Or rather, he just couldn't pass it because 1 Democrat senator threatened to filibuster. Gosh darn it.”
~~~~~~~~~~~

“What could Bob Dole do, Bob Dole’s back was against the wall.”

—— Bob Dole

Iman said...

Dear Elon…

https://x.com/C_3C_3/status/1938700734029271348

Bunkypotatohead said...

Now let's see the SC enforce any of that.

Njall said...

I don’t give a fok about grok

john mosby said...

A national citizen registry, with national ID cards, would fix a lot of problems with immigration and voting.

Dangerous, though, as lots of mischief is conceivable. But it can also avoid a lot of mischief, by helping make sure the people really voted for the government.

You could put a Baptist-bootlegger coalition together for it: buy off the lefties with all the government jobs to support a gigantic new program, and buy off the righties by making the card a nationwide gun permit.

RR
JSM

RCOCEAN II said...

It really is annoying how the 3 Democrats will get behind one single opinion but the R's always have to write concurring opinions. Sometimes they have to do it because Roberts or ACB refuse to create a bright line, or try to be mushy and compromising. So, that I understand.

But often its just ACB, Goresuch or Kavanaugh wanting to be the center of attention and wanting to make it clear that they're "independent".

RCOCEAN II said...

Turley has a good column on the Jackson's dissent. But again, the key fact is that the 3 D Justices don't give a damn about the rule of law. They want to use their judicial power to push the Leftwing agenda. And so do the D Judges at the District and Appeals level. Something must be done. And the first step is to recognize the problem.

Kakistocracy said...

It’s every parent’s nightmare, isn’t it? you check your child’s bulletproof backpack and find a picture book about gay penguins.

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