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Eric W. Profile picture
@EWess92
Mar 5, 2025 • 5 tweets • 2 min read • Read on X
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"I am stunned." The Supreme Court 5-4 ruled that a sole judge can order billions of dollars out the door--unrecoverable. Justice Alito's shock is appropriate. SCOTUS's unwillingness to police the judicial resistance is worrying--hopefully this is resolved on the merits, soon. Image
Link to the full opinion, here:
Voting to let the TRO remain in place was: Chief Justice Roberts and Justices Sotomayor, Kagan, Barrett, and Jacksonsupremecourt.gov/opinions/24pdf…
Justice Alito, joined by Justices Thomas, Gorsuch, and Kavanaugh, continues. He accuses the Supreme Court of failing to live up to its supervisory responsibility over the federal court system Image
The dissent's conclusion strikes a somber tone. Given this opinion, I think it is fair to say that there will be exacting scrutiny on the next universal injunction that makes its way to SCOTUS Image
The majority relies on weasel words. "The present application does not challenge the Gov'ts obligation to follow that order." Not so, despite what it implies. The deadline passed--but what is to be done now? The majority has taken this big mess and magnified it. Truly stunning. Image

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More from @EWess92

Eric W. Profile picture
Feb 11
Chief Judge Diaz (4th Circuit, Obama) just issued a judicial misconduct complaint resolving allegations against (allegedly) Judge Griggsby (D. Maryland, Biden). Some of the conduct is eye-popping. Including the threat to never *again* hire a so-called "diversity candidate[]" Image
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According to the specific allegations, the judge "browbeat[]" her clerks and yelled at another clerk for using a bathroom. Apparently *two* clerks resigned. That is almost unheard of. Image
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In fairness, the Chief Judge found some of the complaints were hyperbole. The Chief did not believe the district judge ordered a clerk to eat lunch standing up--nor that she meant to order a clerk to drive 4 hours round trip to move boxes from one office to another. Image
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Read 5 tweets
Eric W. Profile picture
Feb 11
🔥HOT OFF THE PRESSES! Federal Second Circuit Judge Menashi writes: "[T]he government presented credible legal authorities to support its view that the qualifying language of the Citizenship Clause—'subject to the jurisdiction thereof'—reflects... Image
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requirements of parental allegiance and legal domicile in the United States and thereby excludes the children of illegal aliens and temporary visitors from automatic entitlement to citizenship by birth without the need for naturalization." In a symposium in @HarvardJLPP
As scholars and friends of the Court have been writing for months--including an amicus brief filed at the U.S. Supreme Court by @AGIowa and @AGTennessee--the practice of who gets birthright citizenship may not reflect the history.

Read here: supremecourt.gov/DocketPDF/25/2…Image
Read 5 tweets
Eric W. Profile picture
Feb 7
🚨🚨ENORMOUS Immigration win for President Trump. The Fifth Circuit, the first federal court to address President Trump's expedited removal efforts, sides with the administration. Illegal aliens may be detained and removed! Judge Jones, joined by Duncan. Judge Douglas dissents. Image
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Read the full opinion, argued *yesterday* here:

This will help slow down or stop the attempt by immigration lawyers and activists to clog the courts.ca5.uscourts.gov/opinions/pub/2…
It is worth noting that several brave district judges, including Judges Pacold (N.D. Ill.) and Judge Divine (E.D.M.O.) came to this result, while many others did not.
Read 15 tweets
Eric W. Profile picture
Jan 21
Big win for President Trump in the normally hostile Fourth Circuit. Can district courts enjoin President Trump's efforts to stop paying environmental and agricultural grants? Unanimously "No." Judge Rushing (Trump) wrote for a panel including Biden-appointed Judge Heytens! Image
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Read the full opinion here: storage.courtlistener.com/recap/gov.usco…
*HUGE* finding that suits over ending grants must be redirected to the Court of Federal Claims under the Tucker Act. That means that the federal district judges who keep entering injunctions in Maryland and Virginia lack jurisdiction. Image
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Read 5 tweets
Eric W. Profile picture
Dec 17, 2025
Can President Trump deploy the National Guard in DC? Unanimous opinion by Judge Miller (Obama) joined by Judges Katsas and Rao (Trump) says "Yes." Huge win for the President. Judge Rao writes separately to question whether DC can sue at all. She thinks probably not. Image
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Read the full opinion and concurrence here: storage.courtlistener.com/recap/gov.usco…
If interested, I raised some of the issues put forth by Judge Rao (joined by Katsas) in a thread. It is not clear that DC AG can sue the federal government at all.
Read 4 tweets
Eric W. Profile picture
Dec 6, 2025
Everyone agrees that a child born to US citizens in the United States is an American citizen. A child born to Canadian parents in Canada is not. But determining what the Constitution mandates regarding Birthright Citizenship is a tough question. 24 States weighed in on the limits Image
(Everything on this thread is pulled from the excellent brief filed by @AGTennessee and @AGIowa , and which I had the privilege of working on. So if there's some kind of implicit bias in explaining one's own brief, consider it disclosed!) ((Quotes adjusted for character limit))
Some table setting: "Contra plaintiffs’ thin historical arguments, contemporaneous sources instead support what common sense suggests: Conferring United States citizenship requires a more meaningful connection than mere presence by happenstance or illegality." Image
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Read 18 tweets

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