Right is still right, even if you stand by yourself.

This is Hans von Pekoski and welcome to case in point.

Our episode today is called Birth in a Nation, one injunction to rule them all.

Today we actually had oral arguments as we're recording this before the U.S. Supreme

Court, very unusual.

They don't usually have oral arguments in May, and this was over the birthright citizenship

case.

Now, the court was not hearing the merits, the substantive merits, about whether or not the executive order issued by Donald

Trump in which he instructed the State Department and other agencies to enforce the citizenship

clause of the 14th Amendment as it was originally intended, which does not, despite many

others in court saying, does not recognize simply birth in the United States as

making you a U.S. citizen. In fact, there are limits and restrictions on that. But what happened

is at least three different courts in three different states, Maryland, Washington, Massachusetts,

all issued injunctions nationwide or universal injunctions

telling the president he could not enforce that executive order.

The Justice Department filed an emergency petition with the U.S. Supreme Court, not asking

that the court make a decision, like I said, on the merits, but instead to

stay parts of those injunctions.

What's interesting about this is they didn't ask the court to completely wipe out those

injunctions.

They simply asked the court to limit those injunctions to apply only to the actual individuals

who were bringing the lawsuit, the challengers. These judges, in fact, applied the injunctions,

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