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Jim Trusty on what SCOTUS ruling means for birthright citizenship

Brian Kilmeade Show / Brian Kilmeade
The Truth Network Radio
June 27, 2025 1:14 pm

Jim Trusty on what SCOTUS ruling means for birthright citizenship

Brian Kilmeade Show / Brian Kilmeade

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June 27, 2025 1:14 pm

The Supreme Court has ruled on a 6-3 decision, limiting the power of district court judges to issue nationwide injunctions, which have been used to block executive orders, including those related to birthright citizenship. This decision is seen as a victory for President Trump, who has been a target of such injunctions. However, the issue of birthright citizenship remains unresolved, and the Supreme Court's decision does not address the underlying question of whether children born to undocumented immigrants are automatically citizens. The ruling is also seen as a warning to district court judges to stop issuing injunctions that go beyond their constitutional powers and to respect the separation of powers between the branches of government.

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Download the Redfin app to get started. Well, on the brawl, she's winning because it's 6 to 3. But, I mean, look, the interesting thing is this is a 119-page opinion. It really doesn't address the substance of the issue of birthright citizenship. But the reason it got to the Supreme Court at this juncture was these district court nationwide injunctions being issued like candy. And, you know, President Trump has lived it. He had 64 injunctions in his first term. He's had 40 in five months at this time. So, you know, it's a lot of money. And, you know, President Trump has lived it. He had 64 injunctions in his first term.

He's had 40 in five months at this time. So, this was a ripe fight. And, Brian, I would just say that, you know, this judge is, I think, Judge Tony Barrett, Justice Tony Barrett, and the rest of the majority, they looked at it and they said, look, this is, you know, Gulliver's Travels. This is a constant stream of manufactured emergencies with forum shopping where people find the judge they know they're going to get a sympathetic and activist ear from. And they say, you know, as we get into the presidency, you know, we're going to have a big day of birthright citizenship and pushing to handcuff the presidency. So, it's not a big day about birthright citizenship. That issue will still be on the table for a while. But it's a huge day in terms of telling district court judges, you've got to calm down, stop creating these emergencies, and stop going beyond the powers that the Constitution gives you.

you. Okay a couple of things on birthright citizenship it's one of the executive orders that was stopped by a district court that was working his way up the court system and the supreme court says okay we're going to have a 30-day stay on that but that would be eligible to be re-examined right? Yeah the substance of that is still coming you know and it's going to start with district court hearings so we really don't have a great way of gauging whether the president's going to have any success on that it's a little bit uphill there's a case from like a hundred and something years ago that makes it pretty clear that the exceptions to birthright citizenship are very narrow and don't seem to be the same as the president's view so that that kind of exciting interesting issue an academic issue is still on the table for a while. It'll make its way through but this was a broad message to all the district court judges on this issue and others to stop creating kind of emergency special jurisdiction where you issue subpoenas that handcuff the entire federal government.

So right now I just don't know how it is applied for example president writes an executive order tomorrow or on Monday hands it up and then somebody ACLU says I got a problem with that so it goes to the courts and they pick the court what changes? Right well again it's not automatic this is more like advising all of these lower courts rather than creating a strict rule of law. What they're basically saying is you better have exceptional circumstances to issue an injunction that goes beyond the parties that are in your court. In other words if you've got a single illegal immigrant litigating something that's the only person you're affecting when you do a preliminary injunction not the entire you know ICE deportation system. Now I think it does get interesting if it's a class action there's some suggestion from the opinion that a class action might open up the door for a nationwide injunction but again a class action is something that normally takes some time where the parties come in and say we're going to have to certify this class to the satisfaction of the judge. You know some of the recent litigation Brian you had an attorney stand up in court I think it was for the Maryland father quote unquote where he said I represent an entire class and they said well who's your class he goes well I haven't talked to any of them yet right and somehow somehow that failed so it's kind of an amazing concept.

Normally it takes a while to get your class certified to the satisfaction of a federal judge. So do you think it would stop people from filing the suit because they know what the supreme court feels and where it's eventually going to end? You know what sadly probably not I mean this is lawfare and this is just the same you know kind of manipulation and inventiveness that we've seen for President Trump you know much to a much stronger degree than any prior president. I mean President Biden complained about a Texas judge and nationwide injunctions but it's not anything to the volume and the significance of what's been happening with this president so now but it's a good reminder to district court judges to stop stop being activists to stop expanding your constitutional powers because you don't like President Trump and at least it sets up the reversals eventually on the merits. In other words if a district court judge does this the supreme court says we're willing to wade in and right now we're giving you a warning shot but the next one might be a lethal shot.

My day kicks off with a refreshing Celsius energy drink then straight to the gym pre-k pickup back home to meal prep time for my fire station shift one more Celsius got to keep the lights on when the three alarm hits I'm ready Celsius live fit go grab a cold refreshing Celsius at your local retailer or locate now at Celsius.com. When president calls it a monumental victory is he overstating it? If he's calling it a monumental victory against nationwide injunction by single judges he's spot on if he's trying to say it it tells us 100 where we're going on birthright citizenship that might be optimistic but but again I you know I think he's focusing on the nationwide injunction and I think he's right it's this is the the cost of lawfare it bubbles up it creates pressure for a normally reluctant supreme court to weigh in early and say stop the shenanigans. The supreme court has ruled that parents have the power to opt their children out of reading LGBTQ plus themed storybooks that may confuck with their religious beliefs it's a first amendment clash over required public school instruction 6-3 was the ruling authored by justice Alito surprise? No and I gotta tell you this one hits home Brian I live in the people's republic of Montgomery county this is Montgomery county that's where it emanates yeah and here's the crazy thing you know they are basically saying we want to subject kindergarten first grade young young children to sexual education that indoctrinates them on the idea of different types of you know homosexuality etcetera trans transsexuals etcetera. The starting point for most parents is why the hell are you even talking to my kids you know my kindergartener about this stuff in the first place but what Montgomery county did is they originally let parents opt out you could say I'm going to hold little junior home today because I really don't want them exposed to any of this nonsense they fought all the way to the supreme court to be able to say parents cannot opt out children from mandatory sex ed as a child I mean that's a crazy leftist position it's an embarrassment to be from Montgomery county when they do this and the only part that shocks me is that the three liberal justices presumably somehow found it okay to force kids to attend that type of indoctrination it's the will cane show watch it live at noon eastern monday through thursday on foxnews.com or on the fox news youtube channel and don't miss a show get the podcast five days a week at foxnewspodcasts.com or wherever you download your favorite podcasts

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