Friday, January 31, 2020

SCOTUS Stays Injunction Against Trump's Public Charge Rule, Gorsuch Riffs on Nationwide Injunctions

This week the Supreme Court ruled on a stay application in Department of Homeland Security v. New York. By a 5-4 vote, the Court granted the Trump administration’s motion to stay a preliminary injunction issued by Judge Daniels of the Southern District of New York. The district court had blocked Trump’s “public charge” rule, which changed the criteria for determining whether a noncitizen applying for admission into the United States or a change in status is ineligible because she is likely to become a public charge. Justices Ginsburg, Breyer, Sotomayor, and Kagan would have denied the stay.

Justice Gorsuch authored a four-page opinion, joined by Justice Thomas, concurring in the grant of the stay. The opinion criticizes the issuance of so-called “nationwide” or “universal” injunctions. He concludes: “I concur in the Court’s decision to issue a stay. But I hope, too, that we might at an appropriate juncture take up some of the underlying equitable and constitutional questions raised by the rise of nationwide injunctions.”

 

 

https://lawprofessors.typepad.com/civpro/2020/01/scotus-stays-injunction-against-trumps-public-charge-rule-gorsuch-riffs-on-nationwide-injunctions.html

Federal Courts, Recent Decisions, Supreme Court Cases | Permalink

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