The Week With Monique | Who Will They Come For Next?!
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What Supreme Court decision is Monique summarizing at the start of the episode?
Greetings everyone and welcome to the week with Monique. Today I am covering for you the breaking news of the day. The Supreme Court released its decision in the case Trump v. Casa which is actually a combined number of cases that they addressed together and the court in a 6-3 opinion has decided that the administration is not going to be able to be universally enjoined by any district court judge from doing their unlawful actions. I'm adding the unlawful part. The court doesn't address whether birthright citizenship is actually a part of the Constitution or not. It says that the issue was not
What did the Court rule about nationwide injunctions in Trump v. Casa?
directly before them. And that's true because the government didn't seek to put that issue directly before them. That's part of the game that this regime is playing. Anyway, the court says in a 6-3 decision written by Supreme Court Justice Barrett, Coney Barrett, that they won't be dealing with that issue directly. However, one district court judge or two district court judges, et cetera, throughout the United States do not have the authority, the congressionally mandated authority to do these global nationwide injunctions that the rights of any particular citizen child born in this country who should have birthright citizenship are adequately protected through lawsuit or that multiple rights are protected through class actions of individuals and there is no need to drop a blanket
preventative measure, such as a universal injunction against the bad conduct by this administration or any other. I want to read to you from Justice Sotomayor's dissent. She says in part, no right is safe in the new legal regime the court creates. Today, the threat is to birthright citizenship, Tomorrow, a different administration may try to seize firearms from law-abiding citizens or prevent people of certain faiths from gathering to worship. The majority holds that absent cumbersome class action litigation, courts cannot completely enjoin even such plainly unlawful policies unless doing so is necessary to afford the formal parties complete relief. That holding renders constitutional guarantees meaningful in name only for any individuals who are not parties to a lawsuit.
Because I will not be complicit in so grave an attack on our system of law, I dissent. I want to read a line from Justice Jackson's dissent in which she says the following. I agree with every word of Justice Sotomayor's dissent. I write separately to emphasize a key conceptual point. The court's decision to permit the executive to violate the Constitution with respect to anyone who is not yet sued is an existential threat to the rule of law. I would invite you to... As always, read these for yourself. But what they say is the point. If this administration, which we know is lawless, which we know does not respect the Constitution, which we know is not truly an executive branch administration, but seeks to be a regime.
Because what we know about this administration, which fancies itself a regime and actually does, aided by decisions like this by the Supreme Court is a regime in practice, they will ignore the Constitution. They will be completely lawless. They will continue to do whatever they can get away with doing until some other branch stops them. I said to you all at the beginning of this administration when they were taking those first actions, we're about to figure out how much Constitution we actually have left and how much of a democracy this country will remain. And it's decisions like this that take us further and further away because when everybody knows that the concept of birthright citizenship is absent argument, it is clear on its face and has been settled law since this country's inception.
Why did the majority avoid deciding whether birthright citizenship is constitutional?
And you can look up the reasons. The reasons are because of a need to guarantee the citizenship of those who were then slaves who were supposed to be being freed through Emancipation Proclamation. So what we're seeing now is the flouting of pushing the envelope and pushing the envelope by this administration. And what Justice Jackson says really is the point, that if we weren't dealing with an administration that considers itself a regime, acts like a regime, ignores law, ignores constitutional principles, then we wouldn't have an existential threat.
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