Trump's SG just confirmed this is its agenda during Sotomayor's questioning. The SG then said, well, a judge could certify a class action...but also remember that one of the Roberts Court's other projects is to destroy class actions as well.
Reposted from
Mike Sacks
Trump’s DOJ knows it’ll lose the birthright citizenship fight on the merits at SCOTUS, so the plan is to get the justices to use this case to kill nationwide injunctions—and make each baby subject to the EO individually sue the govt to recognize their constitutionally-mandated citizenship
Comments
So bad faith.
Kagan: "Once it gets to us after 4 years, you're going to respect that. and for 4 years there's going to be an untold number of people that according to all the law this court has ever made are not going to be treated as citizens."
SG: But that would deny the lower courts of percolation!
Sotomayor: Nope, sorry. Multiple courts have weighed in.
...but don't underestimate CA5's choosing to side with Trump and create a circuit split if anyone brings a case in that circuit.