Trump Lawyer Argues Constitution Doesn't Apply to Trump at Supreme Court

The 14th Amendment and Birthright Citizenship

• 💡 The 14th Amendment, a cornerstone of post-Civil War amendments, established birthright citizenship, ensuring children born in the US are citizens.
• 🎯 Donald Trump's administration attempted to exclude individuals in the US without documentation, visiting, or on visas from birthright citizenship via executive order.
• ⚖️ Federal courts nationwide issued injunctions against this executive order, leading the administration to appeal to the Supreme Court.

Supreme Court Hearing on Nationwide Injunctions

• ❓ The core of the Supreme Court case focused not on birthright citizenship itself, but on the courts' authority to issue nationwide injunctions.
• 🗣️ Trump's legal team argued that rulings should only apply to the individual plaintiffs, not broadly, and that courts have limited jurisdiction over executive policy decisions.
• 🏛️ Justices, particularly Kagan and Jackson, questioned the implications of this argument, suggesting it could prevent the substantive issue of birthright citizenship from ever being definitively resolved.

Judicial Power and Executive Authority

• 🧠 Justices expressed concern that the administration's argument could create a "catch me if you can" scenario, where the executive branch could continue violating rights until every affected individual files a lawsuit.
• 📜 The argument against nationwide injunctions was contrasted with the principle that the executive should be bound by law, and courts have the power to declare conduct unlawful.
• 🚀 The discussion touched on how universal injunctions can actually expedite the process of reaching the merits of a case by prompting quick appeals to the Supreme Court.

Attacking the Court System and Constitutional Interpretation

• 🎯 The legal strategy is seen as an attempt to restrict the power of courts over the executive branch, similar to the unitary executive theory.
• 🧐 The argument's reliance on English common law was highlighted as an attempt to engender a more monarchical view of the presidency.
• 🔍 Clarence Thomas's 2022 writings on the 14th Amendment's citizenship clause were referenced, suggesting even conservative justices previously understood its broader intent, making the current administration's stance lack merit.
• 📢 The strategy is viewed as an attack on the court system generally, as the merits of the 14th Amendment's substance are too difficult to challenge directly.