Today a divided panel of the U.S. Court of Appeals for the Fourth Circuit denied the Trump Administration's application for a partial stay of a nationwide preliminary injunction granted by a district court against the implementation of the Administration's Executive Order curtailing birthright citizenship. The denial was largely based upon the question of whether it was appropriate for the district court to grant universal relief and not the merits of the case. The U.S. Court of Appeals for the Ninth Circuit previously denied an application for emergency relief in parallel litigation challenging the same E.O.
The Fourth Circuit order was entered on behalf of Judge Harris, joined by Judge Gregory. Judge Niemeyer dissented, also focusing on the question of nationwide relief. He would have narrowed the injunction to the parties in the case. Assuming the Trump Administration seeks Supreme Court review, this case would present a clear opportunity for the Supreme Court to (finally) provide guidance on when universal relief is appropriate (and the answer should be "only in special circumstances").
