Bloomberg Law: Birthright Citizenship, SCOTUS Term Stats, and Lululemon v. Costco

Birthright Citizenship Executive Order Blocked

• ⚖️ A federal judge in New Hampshire has issued a nationwide block on President Trump's executive order concerning birthright citizenship.
• 💡 The judge also certified a class action lawsuit on behalf of children whose citizenship could be affected, potentially circumventing the Supreme Court's limitations on nationwide injunctions.
• 🚀 This case is seen as a potential fast track back to the Supreme Court, testing the boundaries of class action lawsuits and nationwide injunctions.

Supreme Court Term Analysis

• 📊 Supreme Court statistics reveal that 42% of decisions were unanimous, though controversial cases often split along ideological lines (6-3).
• 🎯 Justices Roberts, Kavanaugh, and Barrett were in the majority most frequently, indicating their significant influence.
• dissenting justice, Justice Jackson, was in the minority most often, while Justice Kagan showed an increase in agreement with conservative justices, possibly seeking common ground.
• 📉 The Fourth Circuit saw a 100% reversal rate this term, a significant jump from previous years, potentially due to its geographical location and the volume of litigation against the Trump administration.

Free Speech Rights of Non-Citizens

• 🗣️ A federal trial in Boston is examining whether non-citizen students and faculty have the same free speech rights as citizens, particularly in the context of pro-Palestinian demonstrations.
• 🏛️ Case law, such as Harrisiatis v. Shaughnessy, suggests that First Amendment rights for non-citizens may not outweigh government security concerns.
• ❓ The trial will also consider whether visa revocations are pretextual, meaning they are not genuinely based on foreign policy or national security concerns.

Lululemon's Lawsuit Against Costco

• 💰 Lululemon is suing Costco for allegedly copying its apparel designs, calling them "dupes" or "knockoffs."
• ⚖️ Lululemon's claims include design patents, trade dress protection, unregistered protection for men's trousers, and word marks for specific designs and colors.
• 📈 The price difference between Lululemon's apparel and Costco's alleged dupes can be substantial, with men's trousers cited at $8 versus $118.
• 🤔 Proving consumer confusion is key for Lululemon's trademark-related claims, especially in an era where "dupes" are openly discussed and promoted on social media.