Constitutional lawyer Jeff Lewis joined "Forbes Newsroom" to discuss the Supreme Court case about birthright citizenship and the power of lower courts to issue nationwide injunctions.
Category
🗞
NewsTranscript
00:00so you said that relief will likely come within 30 days what in layman's terms does relief mean
00:07in this situation so right now there's a nationwide injunction prohibiting enforcement
00:13of the executive order on this issue of citizenship and my prediction is that on a 6-3 or
00:18maybe a 5-4 basis an opinion will issue from the supreme court dissolving that injunction or
00:24limiting that injunction to just the parties involved in the three cases and not have
00:30nationwide effect and the next practical effect after that is you're going to see many many many
00:36lawsuits filed on behalf of agreed people who are not parties to that case or perhaps a joinder to
00:41that case or perhaps someone will file a class action what will you be watching for in the next
00:4730 days or what questions will you be asking well i was looking today to see if there were any justices
00:54who seemed interested in establishing a bright line rule for lower courts to follow in terms of
01:00nationwide injunctions not just for this case but for all cases and i didn't hear any questions
01:05suggesting that they have a lot of appetite or interest in that so my prediction and what i'm
01:10going to be looking to see is probably a pretty narrow opinion limited to just this case and it
01:16won't have application to other executive orders but who knows is there anything else our forbes
01:22audience should know or anything they should have in mind as they continue to read news coverage and
01:26hear discussion of what is broadly being described as the birthright citizenship case but perhaps could
01:31more accurately just be described as lower court authority case yeah that's right read beyond the
01:37headlines read the actual opinions when they come out or read the articles or watch the interviews
01:42that discuss that yeah this is not a birthright citizenship case it is a nationwide injunction case and it's a law
01:48procedure that appellate nerds like me love to study but has really nothing to do with birthright citizenship
01:53jeff lewis constitutional lawyer thank you so much for joining us and breaking down the specifics of
01:59this case we really really appreciate your time and your insight yeah thanks for having me have you
02:04back on when the opinion comes down uh we we absolutely will because i suspect it will be hard
02:10hard to parse for those of us lay people who do not have jds
02:13hard to parse for those of us lay people who do not have jds