Today is the final day of #SCOTUS’ term — & the justices have left some of the most important & contentious cases until the end.
They are slated to release 6 opinions, including decisions that will deal with nationwide #injunctions on #Trump’s ban on #BirthrightCitizenship, whether #parents can opt their children out of #school lessons involving #LGBTQ #books, & a #Texas #law that requires age verification to view online #porn.
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Nonilex
in reply to Nonilex • • •There are 6 cases remaining:
#FreeSpeech Coalition v. Paxton — #Texas law that requires #porn sites to verify age.
#FCC v. Consumers’ Research — consumer *protection* group devoted to fighting “#woke” corporations contends that E-Rate phone & internet subsidies for #LowIncome communities violates the #nondelegation doctrine
#SCOTUS #law
🧵
scotusblog.com/2025/06/remaini…
The cases that remain
Amy Howe (SCOTUSblog)Nonilex
in reply to Nonilex • • •#Louisiana v. Callais — a 2022 map w/ 1 majority-Black district was ruled to violate the #VotingRightsAct. The new map, drawn w/ 2 majority-Black districts, was challenged by a group describing themselves as “non-African American” who contend it was unconstitutional racial #gerrymandering. The state says it drew the map not due to #race but to protect #Republican incumbents, such as #House Speaker #MikeJohnson & Rep Julia Letlow, who sits on the House #Appropriations Cmte.
#SCOTUS #law
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Nonilex
in reply to Nonilex • • •#Kennedy v. Braidwood Management — does the #Constitution require members of the Preventive Services Task Force to be #appointed by the president & #confirmed by the #Senate? It concerns the legality of a portion of the #ACA that requires #health plans to provide #free #PreventiveCare such as #cancer screenings, #contraception & #immunizations.
Mahmoud v. Taylor — #Maryland public #schools & #LGBTQ+ subject matter
#Trump v. CASA — #BirthrightCitizenship
#SCOTUS #law
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Nonilex
in reply to Nonilex • • •Regarding #Trump v. CASA — The case BEGAN as a challenge to Trump’s ban on #BirthrightCitizenship, but #SCOTUS is instead weighing an emergency appeal by the administration on a different question:
Do federal district #courts have the #authority to issue nationwide injunctions?
#SCOTUS #law #judiciary
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Nonilex
in reply to Nonilex • • •First opinion is in. It’s #Trump v Casa
#BirthrightCitizenship #judiciary #authority
supremecourt.gov/opinions/24pd…
The government's applications to partially stay the district court's nationwide injunctions in the birthright citizenship cases are GRANTED.
The court says that universal injunctions "likely exceed the equitable authority that Congress has granted to federal courts."
#SCOTUS #law
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Nonilex
in reply to Nonilex • • •From the opinion of the court: The principal dissent’s analysis of the #ExecutiveOrder is premature because the #BirthrightCitizenship issue is not before us. [excuses excuses]
Justice #Sotomayor dissents, in an opinion joined by #Kagan & #Jackson. Jackson also has a separate dissent.
#Trump #SCOTUS #judiciary #authority #immigration #law
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Nonilex
in reply to Nonilex • • •From near the conclusion of Justice Barrett's opinion for the Court, on behalf of the 6 conservatives:
"#FederalCourts do not exercise general #oversight of the #ExecutiveBranch; they resolve cases & controversies consistent with the authority #Congress has given them. When a court concludes that the Executive Branch has acted unlawfully, the answer is not for the court to exceed its #power, too."
TOTAL BS!
#Trump #SCOTUS #judiciary #authority #BirthrightCitizenship #immigration #law
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Nonilex
in reply to Nonilex • • •There are also separate opinions.
First, #ClarenceThomas has a concurring opinion in which he stresses that #SCOTUS "today puts an end to the 'increasingly common' practice of federal courts issuing universal injunctions."
#Alito too has a concurring opinion in which he notes that the court does not resolve two issues that "potentially threaten the practical significance of today's decision: the availability of third-party standing & class certification."
#Trump #judiciary #law
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Nonilex
in reply to Nonilex • • •#Alito says that the "Court does not address the weighty issue whether the state plaintiffs have third-party standing to assert the #Citizenship Clause claims of their individual residents."
#Barrett, in her opinion, specifically goes after Justice #Jackson: "We observe only this: Justice Jackson decries an imperial Executive while embracing an imperial judiciary.”
#Trump #SCOTUS #judiciary #authority #BirthrightCitizenship #immigration #law
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Nonilex
in reply to Nonilex • • •#Alito says next that the ruling "will have very little value if district courts award relief to broadly defined classes without following" the procedural protections for class certification.
District courts are going to have to start certifying classes now [#ClassAction].
#Trump #SCOTUS #judiciary #authority #BirthrightCitizenship #immigration #law
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Nonilex
in reply to Nonilex • • •#Kavanaugh's concurring opinion notes that district courts do not have the last word on preliminary #injunction requests -- courts of #appeals & #SCOTUS can also weigh in, & "that order of operations will not change." [which is why they should have the ability to apply nationwide & the power to rule an executive action is illegal. FFS]
#Trump #judiciary #authority #BirthrightCitizenship #immigration #law
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Nonilex
in reply to Nonilex • • •#Sotomayor contends that the #Trump admin DID NOT ASK the court to completely block the lower court orders because it would have to show that the order is probably constitutional, which it can't do, she says. "The gamesmanship in this request is apparent & the Government makes no attempt to hide it. Yet, shamefully, this Court plays along."
This gets at the "merits" of the #BirthrightCitizenship issue (the focus was universal injunctions).
#Trump #SCOTUS #judiciary #immigration #law
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Nonilex
in reply to Nonilex • • •#Barrett writes that "prohibiting enforcement of the #ExecutiveOrder againast the child of an individual pregnant plaintiff will give that plaintiff complete relief. Her child will not be denied citizenship. Extending the injunction to cover all other similarly situated individuals would not render her relief any more complete."
[but it’ll stop the courts from having to hear thousands of cases on the same issue - it’s called upholding an existing #law]
#Trump #SCOTUS #BirthrightCitizenship
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Nonilex
in reply to Nonilex • • •Next case:
Kennedy v. Braidwood
The court holds today that the appointment of the task force members is consistent with the Constitution.
Specifically the court rules that task force members can be removed at will by the Secretary of #HHS, & their recommendations about preventive services are reviewaable by the secretary before they take effect.
supremecourt.gov/opinions/24pd…
#SCOTUS #law #Constitution #PreventiveCare #ACA #health
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Nonilex
in reply to Nonilex • • •#Kavanaugh writes majority opinion. #ClarenceThomas dissents. He contends that the majority erroneously relied on a new theory that the government "invented" on appeal.
#SCOTUS #law #Constitution #PreventiveCare #ACA #health
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reuters.com/legal/litigation/u…
Nonilex
in reply to Nonilex • • •The next opinion is #FCC v. Consumers' Research [anti-woke folk]
It is by Justice #Kagan, & the vote is 6-3 again. #Gorsuch dissents, joined by #ClarenceThomas & #Alito.
supremecourt.gov/opinions/24pd…
It holds that neither #Congress's delegation of #power to the FCC or the FCC's delegation of power to the private corporation violated a theory known as the #nondelegation doctrine.
#law #SCOTUS #ERate #phone #internet #subsidies #LowIncome
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Nonilex
in reply to Nonilex • • •#Kagan writes: "Under our #nondelegation precedents, #Congress sufficiently guided & constrained the discretion that it lodged with the #FCC to implement the universal-service contribution scheme. And the FCC, in turn, has retained all decision-making authority within that sphere, relying on the ‘corporation’ only for nonbinding advice. Nothing in those arrangements, either separately or together, violates the Constitution."
#law #SCOTUS #ERate #phone #internet #subsidies #LowIncome
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Nonilex
in reply to Nonilex • • •Gorsuch writes that the majority's ruling "defies the #Constitution's command that #Congress 'may not transfer to another branch 'powers that are strictly & exclusively legislative.'"
#Gorsuch also contends that "even as the Court swallows a delegation beyond anything yet seen in the U.S. Reports, it also signals, unmistakably, that there are some abdications of congressional authority, including in the very statute before us, that the present majority isn't prepared to stomach."
#SCOTUS #law
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Nonilex
in reply to Nonilex • • •Next opinion written by #Alito — bad sign — it’s Mahmoud v. Taylor, the #Maryland public #schools & #LGBTQ+ subject matter
Predictably it is a 6 – 3 vote
supremecourt.gov/opinions/24pd…
Alito holds that the parents in this case are likely to succeed in their challenge to the school board's policies foreclosing the opt-out option.
#law #SCOTUS
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Nonilex
in reply to Nonilex • • •#Sotomayor dissent joined by #Kagan & #Jackson: “The reverberations of the Court’s error will be felt, I fear, for generations. Unable to condone that grave misjudgment, I dissent.”
#law #SCOTUS #PublicSchool #schools #education #LGBTQ+ #censorship #bigotry
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Nonilex
in reply to Nonilex • • •Alito writes:
"We have long recognized the rights of parents to direct 'the #religious upbringing' of their children. And we have held that those rights are violated by government policies that substantially interfere with the religious development of children."
#law #SCOTUS #PublicSchool #schools #education #LGBTQ+ #censorship #bigotry
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Nonilex
in reply to Nonilex • • •Alito cont:
“Based on the record before us, the Board's introduction of the LGBTQ themed storybooks & the failure to provide notice & opt-out options for parents meets that test: it does interfere with the children's religious development & imposes a burden on #religious exercise.”
#law #SCOTUS #PublicSchool #schools #education #LGBTQ+ #censorship #bigotry
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AP coverage: apnews.com/live/supreme-court-…
Nonilex
in reply to Nonilex • • •#Sotomayor:
The board had argued that the #curriculum & no-opt-out policy "serve its compelling interest in 'maintaining a school environment that is safe & conducive to learning for all students."
The court agrees with this "as a general matter," but it notes that the board allows opt-outs for other reasons, suggesting that opt-outs are not actually unworkable.
#law #SCOTUS #PublicSchool #schools #education #LGBTQ+ #censorship #bigotry #religion #NewApostolicReformation
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Nonilex
in reply to Nonilex • • •Next opinion is #FreeSpeech Coalition v. Paxton. It is by #ClarenceThomas - oh boy.
The vote is once again 6-3.
Kagan dissents, joined by Sotomayor & Jackson.
supremecourt.gov/opinions/24pd…
#Texas #porn #law #SCOTUS
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Nonilex
in reply to Nonilex • • •Strange, #SCOTUS says that they are not going to decide #Louisiana v. Callais, the #VotingRightsAct #gerrymandering case, but instead they are requesting further argument. "In due course," it will "issue an order scheduling argument & specifying any additional questions to be addressed in supplemental briefing."
#ClarenceThomas dissents from the decision to have reargument in Louisiana v. Callais.
#law
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Nonilex
in reply to Nonilex • • •Back to the #Texas #porn #law
#SCOTUS rejected arguments from the porn industry that the law violates the #FirstAmendment rights of adults to access explicit content online because it required users to share identifying information that could be sold, misused or hacked.
#privacy
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Nonilex
in reply to Nonilex • • •During oral arguments in January Justices indicated the landscape of the porn industry had rapidly transformed since the court last issued a major decision dealing with explicit material, about 20 years ago. Today, porn sites & smartphones allow easy access to adult content.
"We’re in an entirely different world,” #ClarenceThomas said. “Playboy was about squiggly lines on cable TV.” [he definitely knows]
#privacy #Texas #porn #law #SCOTUS #FirstAmendment
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Nonilex
in reply to Nonilex • • •The #Texas #law requires age verification for any site where more than one-third of the content is sexual material “harmful to minors.” Users must submit digital #identification, a government-issued ID or other forms of proof that they are 18 or older. The law bars the sites from retaining identifying #information, but it does allow them to transfer the #data for
verification purposes.
#privacy #SCOTUS #FirstAmendment
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Nonilex
in reply to Nonilex • • •In response to statutes in #Texas & elsewhere, #Pornhub cut off service to states requiring #AgeVerification.
The #porn industry plaintiffs, who formed an association called the #FreeSpeech Coalition, sued to block the TX #law before it went into effect in 2023. Derek L. Shaffer, an attorney for the coalition, argued the lower court ruling allowing the law could “open the door to an emerging wave of #regulations that imperil #FreeSpeech online.”
#privacy #SCOTUS #FirstAmendment
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Nonilex
in reply to Nonilex • • •#privacy #Texas #law #SCOTUS #FirstAmendment
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Nonilex
in reply to Nonilex • • •“Kids can get online porn through gaming systems, tablets, phones, computers,” Justice Amy Coney #Barrett said. “Let me just say that content-filtering for all those different devices, I can say from personal experience, is difficult to keep up with.”
#privacy #Texas #porn #law #SCOTUS #FirstAmendment
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Nonilex
in reply to Nonilex • • •Another section of the #law, which was blocked by a lower court, requires sites to post “sexual material health warnings” that make widely disputed claims that pornography is “potentially biologically addictive” & “proven to harm brain development.”
Sites that violate the law face fines of up to $10,000 a day.
#privacy #Texas #porn #SCOTUS #FirstAmendment
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Nonilex
in reply to Nonilex • • •The very short summary of the ruling in
#FreeSpeech Coalition v. Paxton: "The power to require age verification is within a State's authority to prevent children from accessing sexually explicit content."
So #SCOTUS is basically simplifying down to a #StatesRights issue.
#privacy #Texas #porn #SCOTUS #FirstAmendment
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Nonilex
in reply to Nonilex • • •The court says that the #Texas #law "simply requires proof of age to access content that is obscene to minors" & therefore "does not directly regulate the protected speech of adults."
The court doesn’t seem to have considered the violation of #privacy implications .
#porn #SCOTUS #FirstAmendment
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Nonilex
in reply to Nonilex • • •Thanks for nothing #SCOTUS
#Trump says he will ‘promptly file’ to push policies after blocked by courts after #SupremeCourt decision
Speaking from the White House, Trump said he would try to advance restrictions on #BirthrightCitizenship & other policies that had been blocked by district courts.
#law #ActivistCourt
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apnews.com/live/supreme-court-…
Nonilex
in reply to Nonilex • • •#Moronica #PamBondi says Americans are finally going getting what they voted for.
“These lawless injunctions gave relief to everyone in the world instead of the parties before the court,” she said.
#SCOTUS #judiciary #Constitution #SeparationOfPowers
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Nonilex
in reply to Nonilex • • •#Trump: "Thanks to this decision, we can now promptly file to proceed with numerous policies that have been wrongly enjoined on a nationwide basis, and some of the cases we're talking about would be ending birthright citizenship, which now comes to the fore. That was meant for the babies of slaves."
#FuckSCOTUS #law #SCOTUS #BirthrightCitizenship #NationwideInjunctions #immigration #Constitution #Judiciary #SeparationOfPowers #AbuseOfPower
Nonilex
in reply to Nonilex • • •#Trump claims the #SCOTUS will allow his numerous illegal policies to proceed.
He lists:
— ending birthright citizenship
— ending sanctuary cities
— suspending refugee resettlement
— "freezing unnecessary funding"
— stopping transgender surgeries
#FuckSCOTUS #law #SCOTUS #BirthrightCitizenship #NationwideInjunctions #immigration #Constitution #Judiciary #SeparationOfPowers #AbuseOfPower
Nonilex
in reply to Nonilex • • •WTF?
#Trump: "They used #BirthrightCitizenship to get people into our country. Some of the worst people. Some of the cartels. To get people into our country just so you know. If you look at the end of the Civil War -- the 1800s, it was a very turbulent time. If you take the end day -- was it 1869? Or whatever.…this was about the babies of slaves.”
[it was 1865 dumbass]
#FuckSCOTUS #law #SCOTUS #NationwideInjunctions #immigration #Constitution #Judiciary #SeparationOfPowers #AbuseOfPower
Nonilex
in reply to Nonilex • • •I encourage everyone to read Justice Sotomayor’s dissent.
“The rule of law is not a given in this Nation, nor any other. It is a precept of our #democracy that will endure only if those brave enough in every branch fight for its survival. Today, the Court abdicates its vital role in that effort.” - #Sotomayor
supremecourt.gov/opinions/24pd…
#FuckSCOTUS #law #SCOTUS #BirthrightCitizenship #immigration #Constitution #Judiciary #SeparationOfPowers #Trump #ActivistCourt
Nonilex
in reply to Nonilex • • •Also read Justice #Jackson’s dissent
“The Court's decision to permit the Executive to violate the #Constitution with respect to anyone who has not yet sued is an #existential threat to the rule of #law.
“…the Executive's bid to vanquish so-called 'universal injunctions' is, at bottom, a request for this Court's permission to engage in unlawful behavior.”
supremecourt.gov/opinions/24pd…
#FuckSCOTUS #SCOTUS #BirthrightCitizenship #NationwideInjunctions #Judiciary #SeparationOfPowers #AbuseOfPower
Nonilex
in reply to Nonilex • • •“When the Government says 'do not allow the lower courts to enjoin executive action universally as a remedy for unconstitutional conduct,' what it is actually saying is that the Executive wants to continue doing something that a court has determined violates the #Constitution— please allow this. That is some solicitation.“ #Jackson
#FuckSCOTUS #law #SCOTUS #BirthrightCitizenship #NationwideInjunctions #immigration #Constitution #Judiciary #SeparationOfPowers #AbuseOfPower
Nonilex
in reply to Nonilex • • •“With its ruling today, the majority largely grants the Government's wish. But, in my view, if this country is going to persist as a Nation of laws & not men, the Judiciary has no choice but to deny it.” - #Jackson
#FuckSCOTUS #law #SCOTUS #BirthrightCitizenship #NationwideInjunctions #immigration #Constitution #Judiciary #SeparationOfPowers #AbuseOfPower
Nonilex
in reply to Nonilex • • •Well, this is all very upsetting.
Apparently #Nixon was right.
If the president does it, then it isn’t illegal.
At least according to this #SCOTUS.
Pretty much the final nail in the coffin of #democracy in the #UnitedStates.
#FuckSCOTUS #law #NationwideInjunctions #Constitution #Judiciary #SeparationOfPowers #ExecutiveAuthority #AbuseOfPower
Nonilex
in reply to Nonilex • • •#SCOTUS’ opinion setting new limits on the #power of district-court #judges to use one of their most potent tools— #NationwideInjunctions —marks the beginning of a profound shift in the way the #FederalCourts operate.
Before, >1k judges had the power to issue nationwide orders that could stop the #FederalGovernment in its tracks.
Now, those judges’ rulings can only apply to the actual plaintiffs in the case.
#FuckSCOTUS #law #Constitution #Judiciary #SeparationOfPowers
nytimes.com/2025/06/27/us/poli…
Nonilex
in reply to Nonilex • • •Friday’s opinion could affect any case, on any issue, where a federal judge makes a ruling that extends beyond the party or parties that actually brought the lawsuit. It left open the possibility that #judges could still block government actions nationwide, but only in situations where there was no narrower approach available that would protect the actual plaintiffs whom the #court is seeking to benefit.
#FuckSCOTUS #law #SCOTUS #Constitution #democracy #Judiciary #SeparationOfPowers
Nonilex
in reply to Nonilex • • •Friday’s ruling will lead to a drastic reduction in the #FederalCourts’ ability to check the White House, according to Judith Resnik, a professor at Yale Law School. #NationwideInjunctions give #courts “the capacity to tell the key nationwide actor, the #ExecutiveBranch, to behave lawfully,” she said.
#FuckSCOTUS #law #SCOTUS #Constitution #democracy #Judiciary #SeparationOfPowers #Trump #PresidentialPower #AbuseOfPower
Nonilex
in reply to Nonilex • • •District-court judges have repeatedly used #NationwideInjunctions to block #Trump admin policies, including to halt the #MassFirings of civil servants, the defunding of #ForeignAid & the relocation of #transgender women in #FederalPrisons to men’s housing. Some of those injunctions have been lifted by higher courts; many, including those detailed below, remain in place, …for now.
#FuckSCOTUS #law #SCOTUS #Constitution #democracy #Judiciary #SeparationOfPowers #PresidentialPower #AbuseOfPower
Nonilex
in reply to Nonilex • • •The #Trump admin has argued that lower-court judges are relying on #NationwideInjunctions to interfere w/Trump’s agenda in ways that overstep the #courts’ constitutional role; his critics say that the rise in nationwide injunctions is driven by…the admin’s willingness to flout the #law in the pursuit of his #policy goals.
As of mid-May there were more than 2 dozen nationwide injunctions in place blocking Trump’s policies, acc/to…the nonpartisan Congressional Research Service.
#SCOTUS #Judiciary
Nonilex
in reply to Nonilex • • •Still, #SCOTUS’ ruling doesn’t mean they will instantly evaporate. Experts say the next step is for individual courts to apply the new precedent in their own cases. In some instances, the #DOJ will likely challenge existing #NationwideInjunctions to see if they need to be pared back under the Supreme Court’s new precedent.
#FuckSCOTUS #law #Constitution #democracy #Judiciary #SeparationOfPowers #Trump #ExecutiveBranch #PresidentialPower #AbuseOfPower
Nonilex
in reply to Nonilex • • •Some of the policies that the #Trump administration has tried to bring into effect, only to be blocked by #NationwideInjunctions that remain in force, for now:
— A (redundant) #voter ID #ExecutiveOrder that requires proof of #citizenship
— Federal Funding Freeze that froze trillions of dollars of federal #grants & #loans
— an order by the #Education Dept that demanded that #PublicSchools either eliminate programs promoting #diversity & #equity, or lose their federal #funding.
#SCOTUS #law
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Nonilex
in reply to Nonilex • • •— $2 billion in congressionally appropriated #ForeignAid flowing through the #State Dept & #USAID frozen by #Trump
— >25k children face deportation without lawyers because the admin cut off a contract that pays for their legal representation
And that’s just a few of the cases with #NationwideInjunctions.
#FuckSCOTUS #law #SCOTUS #Constitution #democracy #Judiciary #SeparationOfPowers #ExecutiveBranch #PresidentialPower #AbuseOfPower
Nonilex
in reply to Nonilex • • •CASA (plaintiff in Maryland #BirthrightCitizenship case) has now filed an amended complaint seeking class certification for similarly situated individuals impacted by #Trump’s #ExecutiveOrder.
…and so it begins. The thousands of #ClassAction certification requests.
Have fun #FederalCourts!
law.georgetown.edu/icap/wp-con…
#FuckSCOTUS #law #SCOTUS #NationwideInjunctions #immigration #Constitution #Judiciary #SeparationOfPowers #AbuseOfPower