The Supreme Court hasn’t weighed in on the executive order trying to negate birthright citizenship, they said that lower courts couldn’t block EO’s at a national level.
Implicitly, their not commenting on the EO feels like they’ll let it stand when the case arrives, if they choose to hear it. Then I’d say the US Constitution is toast.
I’m an engineer, not a lawyer. I’d love to hear what someone more knowledgeable about this thinks.
I’m not happy about this either, but let’s just make sure we’re all on the same page here:
They ended the ability of the Judiciary to check the Executive.
No, they ended the ability of the lower courts to check the executive nationwide. The supreme court can still check the executive (and the US Court of Appeals?).
Now I’m trying to figure out if the lower courts can still check the executive, but only in their respective areas, or if they can make a decision, but it has to be confirmed by (at least?) the court of appeals.
It looks like a lower court can still request to check the executive, but the higher courts will need to grant it. At least according to Kavanaugh’s opinion:
the courts of appeals and the Supreme Court will inevitably weigh in on district court decisions granting or denying requests for preliminary injunctions.
Yes, let’s make sure we’re on the same page. You’re talking about theory, I’m talking about practice - which, in theory, are the same. In practice, however…
There isn’t going to be a single moment where the constitution stops existing. It’s not like a light switch. It’s a rapid erosion, like the start of a landslide, and the snow is already moving
Yes it is. Trump can effectively ignore any constitutional amendment for more than long enough to start sending people to concentration camps. This also probably isn’t the end of it, as I doubt the justices will be more willing to stand up to him in the future once he’s consolidated power further.
This is definitely worrisome.
But is it the end of the Constitution quite yet?
The Supreme Court hasn’t weighed in on the executive order trying to negate birthright citizenship, they said that lower courts couldn’t block EO’s at a national level.
Implicitly, their not commenting on the EO feels like they’ll let it stand when the case arrives, if they choose to hear it. Then I’d say the US Constitution is toast.
I’m an engineer, not a lawyer. I’d love to hear what someone more knowledgeable about this thinks.
They ended the ability of the Judiciary to check the Executive. That’s the very foundation of the government, set out in the Constitution: https://constitution.findlaw.com/article1/annotation01.html
So yeah, it’s the final nail in the coffin of the Constitution.
I’m not happy about this either, but let’s just make sure we’re all on the same page here:
No, they ended the ability of the lower courts to check the executive nationwide. The supreme court can still check the executive (and the US Court of Appeals?).
Now I’m trying to figure out if the lower courts can still check the executive, but only in their respective areas, or if they can make a decision, but it has to be confirmed by (at least?) the court of appeals.
From what I’m reading here: https://www.scotusblog.com/2025/06/supreme-court-sides-with-trump-administration-on-nationwide-injunctions-in-birthright-citizenship-case/
It looks like a lower court can still request to check the executive, but the higher courts will need to grant it. At least according to Kavanaugh’s opinion:
Yes, let’s make sure we’re on the same page. You’re talking about theory, I’m talking about practice - which, in theory, are the same. In practice, however…
Oh, in practice it’s been dead for decades.
There isn’t going to be a single moment where the constitution stops existing. It’s not like a light switch. It’s a rapid erosion, like the start of a landslide, and the snow is already moving
Yes it is. Trump can effectively ignore any constitutional amendment for more than long enough to start sending people to concentration camps. This also probably isn’t the end of it, as I doubt the justices will be more willing to stand up to him in the future once he’s consolidated power further.