Noah Feldman on the Supreme Court's 'Long Game' and Universal Injunctions

The Supreme Court's Strategic 'Long Game'

• 🎯 The Supreme Court's primary job during the Trump administration is to protect the rule of law by avoiding a constitutional crisis it cannot win.
• ⚡ Avoiding direct confrontation is crucial to prevent a scenario where the President refuses to follow court orders, deeply wounding the rule of law.
• ⚖️ The Court must strategically pick its battles, avoiding conflicts where its legal arguments are weak or when international involvement complicates enforcement.

Defining Constitutional Crisis

• ⚠️ A constitutional crisis occurs when two branches of government insist on incompatible positions, with no clear resolution in existing rules.
• 📉 The core fear is not just a crisis, but a crisis where the judiciary loses, undermining its authority.

The Universal Injunctions Case

• 🏛️ The case involved a Trump administration order denying birthright citizenship, where a lower court issued a universal injunction.
• 📜 Justice Barrett's majority opinion argued that federal courts lack the power to issue universal injunctions, interpreting the Judiciary Act of 1789 narrowly.
• 💡 Feldman argues this interpretation is flawed, as equity historically allows courts to create new remedies to achieve substantial justice, which the universal injunction represents.

Alternative Avenues for Relief

• 🧑‍⚖️ The Court's decision leaves open avenues like class actions, where a single judge can rule on behalf of a group of similarly situated individuals nationwide.
• 🌍 Another option is lawsuits brought by states on behalf of their citizens, which could effectively bind all citizens of those states.
• 🧩 These alternatives provide mechanisms for aggregate relief but may involve more procedural steps and complexities.

Evaluating the Court's Actions

• 📊 Feldman gives the Court a