The Constitution Shouldn’t Have to Wait

You’ve seen our liveblog, which provides a detailed and technical look at today’s birthright citizenship oral arguments before the Supreme Court. I want to focus on a broad and critical issue. The Trump administration brought this to the Supreme Court. While the underlying or substantive issue is birthright citizenship, they were not seeking to have that issue resolved. They wanted the Court to address whether federal trial courts can issue national injunctions binding the hands of the incumbent administration.