Fact vs. freakout on the SCOTUS universal injunctions ruling.
Trump is trying something blatantly unconstitutional that I’m confident the Supreme Court will not allow, though it is allowing this administration to use a little court gamesmanship to fight the fights they can win. Basically, the administration is not asking whether they overstepped the line but whether the courts are using the right tools to pull them back. I understand why this is happening, but it doesn’t make it any less frustrating (or alarming) that it's working.
The majority found a reasonable answer, which seems to limit universal injunctions without stopping them altogether. In the immediate term, the majority opinion left open the possibility that federal judges can issue universal injunctions when their absence would create what Justice Brett Kavanaugh called “an unworkable or intolerable patchwork” across states (such as, conveniently, with birthright citizenship)
The court further clarified that it still sees other kinds of challenges, like class-action lawsuits, as appropriate ways to trigger universal injunctions in the future. These lawsuits have more procedural hurdles to clear, but they’re still quite common, and until the 21st century were the most common way to trigger the kind of universal injunction we are discussing now.
Kavanaugh said that the Supreme Court could pick up some of the authority it limited to district courts by hearing more direct appeals for universal injunctions itself. Specifically, Kavanaugh said that when the Supreme Court is asked to intervene, it “should not and cannot hide in the tall grass,” but must “grant or deny” relief as a form of nationwide guidance until the issue is resolved
The Supreme Court did not say federal courts can’t issue these injunctions, it said “universal injunctions likely exceed the equitable authority that Congress has given to federal courts.” In other words, courts likely don't have this power, which is granted by Congress.
The court has narrowed, but not stripped, the power of U.S. district courts to issue universal injunctions. It has not unleashed presidential lawlessness, and in the future, its decision will benefit a lot of the people who are screaming from the rooftops now about unchecked executive power.