First off, the administration’s attempts to deny birthright citizenship are blatently unconstitutional. There is simply no question about that.
Yesterday the Supreme Court heard oral arguments on the case, which was not actually about the consitutionality of birthright citizenship, but rather about the ability of district judges to impose nationwide injunctions.
The argument for nationwide injunctions is that it prevents immediate harms, such deporting American citizens. Without them, every individual affected would have to sue, clogging the courts and taking years to resolve.
The argument against nationwide injunctions is that plaintiffs go forum shopping for a friendly judge, creating 800 district judges each with an effective veto power over the president’s agenda.
I think the solution is different. Let’s permit nationwide injunctions, to halt immediate harms, but get immediate appellate and if needed, Supreme Court review. Cases of obvious merit should not take years to resolve.
If we resolve cases quickly, then nationwide injunctions do not create 800 vetos, and having them will not burden individuals with expensive and lengthly suits.