Margot Cleveland

2 weeks ago | floppingaces.net | Margot Cleveland

Harvard’s lawsuit against Trump Administration was predictable, as was its request for a TRO. Will a court blindly issue a TRO, given there is no immediate harm per the letter? Probably.  Here is entire docket. Also of note is “merits”: Contrary to what headlines suggest, termination of status is based on failure to comply w/ “reporting requirements,” which makes it a diff. case than termination cause I don’t like your DEA policies. I need to review reporting requirements to assess.

2 weeks ago | conservativereview.com | Margot Cleveland

The Supreme Court heard oral arguments on Thursday in three cases concerning challenges to President Trump’s birthright citizenship executive order. The question before the high court was not, however, the constitutionality of the EO, but rather whether the lower courts had authority to issue injunctions on a nationwide basis to bar implementation of an EO.

2 weeks ago | thefederalist.com | Margot Cleveland

The Supreme Court heard oral arguments on Thursday in three cases concerning challenges to President Trump’s birthright citizenship executive order. The question before the high court was not, however, the constitutionality of the EO, but rather whether the lower courts had authority to issue injunctions on a nationwide basis to bar implementation of an EO.

3 weeks ago | floppingaces.net | Margot Cleveland

THREAD on broad thoughts from hearing: My “gut” is that SCOTUS will follow what I call the Kavanaugh approach to nationwide injunctions and hold that there are rules & those must be followed and those rules require class certification to provide relief beyond Plaintiffs. on SCOTUS Nationwide Injunction re birthright citizenship case. Couple preliminary points: The argument is NOT about the merits of the birthright citizenship case.

3 weeks ago | thefederalist.com | Margot Cleveland

U.S. Solicitor General D. John Sauer will appear before the Supreme Court on Thursday to argue against the nationwide injunctions entered by the lower courts in three birthright citizenship cases. As I detailed Tuesday, the Trump Administration appears poised to score a win from the Supreme Court given that five justices — in various concurrences and/or dissents — have criticized nationwide injunctions.