Brett Kavanaugh Questions Attorney Arguing Against Trump's Executive Order On Birthright Citizenship

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Judge Brett Kavanaugh questions attorneys during oral arguments in a key case involving birthright citizenship.

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00:00Kavanaugh. Some of your concerns about this court being involved, because I'm not sure I really

00:08understand that, when a president or an administration enacts some major new rule,

00:14the question ultimately, and it's legally challenged, ultimately it'll be a year or two

00:19from now, it'll get here and we'll make a final judgment, but the interim status of that rule,

00:25as this case illustrates, and many others, vaccine mandate, eviction moratorium, go down the list,

00:33they're really important whether they're in effect for that year or two, and I guess I don't know why

00:39you should be concerned or we should be concerned about this court playing a role in this.

00:45Oh, I don't have concerns about that. I was responding to General Sauer's point that this

00:49has become pathological in the number of universal injunctions that are making its way onto the

00:53court's emergency docket. Just because there are more significant executive actions over the last

00:58three decades. I certainly agree with that. And I, you know, that are, you know, at the moment,

01:05Loper Bright and our West Virginia versus EPA are arguably some part of that story as well.

01:12I agree completely. And to answer the question you asked General Sauer earlier about why have we seen

01:17this proliferation of these universal injunctions, I think it's directly, I would say first that the

01:22government, I think, pretty dramatically overstates them. It's double counting TROs and PIs in

01:26the same case. But if you look at the number of executive actions in the first six weeks of

01:32this administration, it's more than any other president issued in a year dating back to 1951

01:37during the Korean War.

01:38But I don't want to sing. I mean, it's, you know, it's going back. It's bipartisan phenomenon,

01:42completely bipartisan and completely, in my view, well-intentioned because presidents want to get

01:47things done. And I get that.

01:49Yeah, I agree with that. I think it's directly correlated to the number of unilateral executive

01:54actions we've seen over the last few years.

01:57Justice Barrett?

01:58Justice Barrett, can I just have one?

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