Those of us who cover the US supreme court are faced, every June, with a peculiar challenge: whether to describe what the supreme court is doing, or what it claims that it is doing.
What the supreme court says it was doing in Friday’s 6-3 decision in Trump v Casa, Inc, the birthright citizenship case, is narrowing the power of federal district judges to issue nationwide injunctions, in deference to presidential authority. The case effectively ends the ability of federal judges on lower courts to issue nationwide stays of executive actions that violate the constitution, federal law, and the rights of citizens. And so what the court has actually done is dramatically expand the rights of the president – this president – to nullify constitutional provisions at will.
