What Happens If SCOTUS Rules For Trump Admin In Birthright Citizenship, Nationwide Injunction Case_

Forbes Breaking News

Constitutional lawyer Jeff Lewis joined "Forbes Newsroom" to discuss the Supreme Court case about birthright citizenship and the power of lower courts to issue nationwide injunctions.

Transcript

00:00so you said that relief will likely come within 30 days what in layman's terms does relief mean

00:07in this situation so right now there's a nationwide injunction prohibiting enforcement

00:13of the executive order on this issue of citizenship and my prediction is that on a 6-3 or

00:18maybe a 5-4 basis an opinion will issue from the supreme court dissolving that injunction or

00:24limiting that injunction to just the parties involved in the three cases and not have

00:30nationwide effect and the next practical effect after that is you're going to see many many many

00:36lawsuits filed on behalf of agreed people who are not parties to that case or perhaps a joinder to

00:41that case or perhaps someone will file a class action what will you be watching for in the next

00:4730 days or what questions will you be asking well i was looking today to see if there were any justices

00:54who seemed interested in establishing a bright line rule for lower courts to follow in terms of

01:00nationwide injunctions not just for this case but for all cases and i didn't hear any questions

01:05suggesting that they have a lot of appetite or interest in that so my prediction and what i'm

01:10going to be looking to see is probably a pretty narrow opinion limited to just this case and it

01:16won't have application to other executive orders but who knows is there anything else our forbes

01:22audience should know or anything they should have in mind as they continue to read news coverage and

01:26hear discussion of what is broadly being described as the birthright citizenship case but perhaps could

01:31more accurately just be described as lower court authority case yeah that's right read beyond the

01:37headlines read the actual opinions when they come out or read the articles or watch the interviews

01:42that discuss that yeah this is not a birthright citizenship case it is a nationwide injunction case and it's a law

01:48procedure that appellate nerds like me love to study but has really nothing to do with birthright citizenship

01:53jeff lewis constitutional lawyer thank you so much for joining us and breaking down the specifics of

01:59this case we really really appreciate your time and your insight yeah thanks for having me have you

02:04back on when the opinion comes down uh we we absolutely will because i suspect it will be hard

02:10hard to parse for those of us lay people who do not have jds

02:13hard to parse for those of us lay people who do not have jds

Category

Transcript

Recommended