Court fights renew in earnest in effort to challenge Trump’s birthright citizenship executive order after SCOTUS ruling
CNN
Three days after the Supreme Court said litigants attempting to get court orders broadly blocking President Donald Trump’s policies must do so through class action lawsuits, an administration lawyer said it plans to oppose such legal maneuverings in cases challenging the executive order seeking to end birthright citizenship.
Three days after the Supreme Court said litigants attempting to get court orders broadly blocking President Donald Trump’s policies must do so through class action lawsuits, an administration lawyer said it plans to oppose such legal maneuverings in cases challenging the executive order seeking to end birthright citizenship. The statements from Justice Department attorney Brad Rosenberg came during separate federal court proceedings Monday in cases brought in New Hampshire and Maryland against Trump’s executive order, which was blocked by judges around the country through a series of universal injunctions. The Supreme Court on Friday curtailed the ability of lower court judges to issue such universal rulings — while also leaving intact the ability of plaintiffs to get similar relief through class action lawsuits. Attorneys representing the plaintiffs in the New Hampshire and Maryland cases raced back to court to bring class action lawsuits, asking judges overseeing their cases to certify a class of individuals that would include born and unborn babies who could be impacted by Trump’s order and their parents. Asked by the two judges whether the department will be opposing such class certification, Rosenberg said, “yes.” The DOJ is expected to file more written legal arguments backing up its position in coming days. Such class-action litigation could potentially lead to the same outcome as nationwide injunctions – and during arguments in the case before the Supreme Court, several justices questioned the significance of shifting the emphasis to class-action suits. One difference is that a judge generally must take the extra step of thinking about who should be covered by an injunction.
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