No clear decision emerges from arguments on judges’ power to block Trump’s birthright citizenship order

Today the court will hear arguments in Trump v. CASA and its consolidated cases, plucked from the emergency docket for oral arguments about nationwide injunctions and the president’s executive order on birthright citizenship.
 
Before the arguments get started, Chief Justice John Roberts has some recognition planned for the late Justice David Souter, who died last week at age 85.
 
As things turn out this morning, I will have my own unorthodox and unplanned tribute to Souter, in particular the day in January 1996 when Souter was late to the bench for an oral argument. I am late to court today because of the growing rush-hour traffic (thanks to return-to-office orders for federal employees) and yet another demonstration right on my route to the court.

We’re expecting one or more opinions from the court at 10 a.m. EDT. Following the opinion announcements, the court will hear oral arguments in three consolidated emergency appeals over orders blocking President Donald Trump’s effort to end birthright citizenship. We’ll be live blogging both, join us starting at 9:30 a.m. EDT.

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Thursday morning read:

• What to watch for during the Supreme Court’s historic birthright citizenship arguments (John Fritze, CNN)
• At Supreme Court, a Once-Fringe Birthright Citizenship Theory Takes the Spotlight (Abbie VanSickle, The New York Times)
• US Supreme Court hears arguments on Trump’s order to end birthright citizenship (Bernd Debusmann Jr, BBC News)
• Trump’s Case Against Birthright Citizenship Is a Constitutional Loser (Damon Root, Reason)
• A Key Tool for Stopping Government Tyranny Might become a Casualty of Next Week’s Birthright Citizenship Case (Anthony Sanders, The UnPopulist)

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Wednesday morning read:

• Birthright citizenship dispute at the Supreme Court has broad implications for Trump’s agenda (Lawrence Hurley, NBC News)
• Trump’s Legal Strategy Has a Name (Andrew O’Donohue, The Atlantic)
• Remembering David Souter (Mark Movsesian, The Volokh Conspiracy)
• His great-grandfather enshrined birthright citizenship. Norman Wong is trying to save it. (David Nakamura, The Washington Post)
• Donald Trump Warns That Supreme Court Ruling Against Him Could Destroy US (Kate Plummer, Newsweek)

Coming up: On Thursday, May 15, the court expects to issue one or more opinions from the current term. The justices will then hear oral arguments in Trump v. CASA. We’ll be live at 9:30 a.m. EDT for the opinions and argument.

This article is part of a series on the legacy and jurisprudence of the late Justice David Souter. 

Allison Orr Larsen is the Alfred Wilson & Mary I.W. Lee Professor of Law at William & Mary Law School. She clerked for Justice David Souter from 2005 to 2006.
 
Clerking at the U.S. Supreme Court is an unbelievable honor and a once-in-a-lifetime job. But it starts out like any other job – with HR paperwork and getting an ID made. On my first day as a law clerk for Justice David Souter, in July 2005, I found myself lost in the labyrinth of the Supreme Court building and I had to ask a security guard for directions. When I told him who I was and what I was doing there he responded, “Oh you are lucky. Justice Souter is the best.” A similar sentiment came from the woman who helped me get my ID badge, and the man working the elevator, and the woman who gave me a tour around the Supreme Court library. It did not take me long to realize that everyone in that building knew Justice Souter and – remarkably – that he knew everyone else.

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Tuesday morning read:

• In birthright citizenship case, US Supreme Court gets two controversies in one (Andrew Chung, Reuters)
• Trump Administration Asks Supreme Court to Allow Venezuelan Deportations to Resume (Abbie VanSickle, The New York Times)
• What’s At Stake As Trump’s Assault On Birthright Citizenship Heads To The Supreme Court (Althea Legaspi, Rolling Stone)
• Trump’s bid to end birthright citizenship heads to the Supreme Court (Jean Lantz Reisz, The Conversation)
• With Trump’s ban on trans troops in effect, US tests lawful discrimination (Sara Pequeño, USA Today)

Coming up: On Thursday, May 15, the court expects to issue one or more opinions from the current term. The justices will then hear oral arguments in Trump v. CASA. We’ll be live at 9:30 a.m. EDT for the opinions and argument.