4.6 • 640 Ratings
🗓️ 15 May 2025
⏱️ 136 minutes
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0:00.0 | We will hear argument this morning in case 24A884, Trump v. Kassa, Inc. and the consolidated cases. |
0:08.4 | General Sauer. |
0:09.6 | Mr. Chief Justice, and may it please the Court, on January 20, 2025, President Trump issued |
0:16.4 | Executive Order 14160, protecting the meaning and value of American citizenship. This order reflects the |
0:24.5 | original meaning of the 14th Amendment, which guaranteed citizenship to the children of former |
0:29.2 | slaves, not to illegal aliens or temporary visitors. Multiple district courts promptly issued |
0:36.0 | nationwide or universal injunctions blocking this order, |
0:39.3 | and a cascade of such universal injunctions followed. |
0:43.1 | Since January 20th, district courts have now issued 40 universal injunctions against the federal government, |
0:49.1 | including 35 from the same five judicial districts. |
0:53.2 | This is a bipartisan problem that has now |
0:55.7 | spanned the last five presidential administrations. Universal injunctions exceed the judicial |
1:01.7 | power granted in Article 3, which exists only to address the injury to the complaining |
1:06.4 | party. They transgress the traditional bounds of equitable authority, and they create a host of |
1:12.3 | practical problems. Such injunctions prevent the percolation of novel and difficult legal questions. |
1:18.5 | They encourage rampant forum shopping. They require judges to make rushed, high-stakes, low-information |
1:24.7 | decisions. They circumvent Rule 23 by offering all the benefits |
1:29.4 | but none of the burdens of class certification. They operate asymmetrically, forcing the government |
1:34.9 | to win everywhere, while the plaintiffs can win anywhere. They invert the ordinary hierarchy |
1:41.3 | of appellate review. They create the ongoing risk of conflicting judgments. |
1:47.4 | They increase the pressures on this court's emergency docket. They create what Justice Powell described as repeated and essentially head-on confrontations between the life-tenured and representative branches of government. |
2:00.7 | And they disrupt the Constitution's careful balancing of the separation of powers. |
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