Eric Schmitt Profile picture
May 15 10 tweets 4 min read Read on X
🚨 SCOTUS just heard arguments on President Trump's birthright citizenship order.

This case is big. It isn't just about birthright citizenship—it's about the limits of how rogue judges can use nationwide injunctions.

My prediction: Trump could be on the cusp of a big win. 🧵 Image
Solicitor General John Sauer (who was my Solicitor General back in my AG days) argued for President Trump. Right out of the gate, multiple liberal justices were swinging for his head, but they could never land the critical blow on Teflon John.
While birthright citizenship is the subject matter of the "merits," SCOTUS is more likely to address a critical procedural question and dodge the merits.

That question: Can courts issue nationwide injunctions or must courts address questions of group relief in class actions?
SG Sauer, rightly, pointed out that the "nationwide injunction" was a mid-20th century invention by the courts.

It wasn't until 1963 in Wirtz v. Baldor Electric Co. that the first clear-cut nationwide injunction was issued.

The problem with nationwide injunctions is that they exceed the power Article III.

Article III's "Cases" and "Controversies" reqmt. only gives courts the power to address the injury of the complaining party, not hypothetical parties.

Beyond its unconstitutionality, the nationwide injunction has, in practice, been a tool to "get Trump."

In the 60 years they have existed, two-thirds of all nationwide injunctions issued by courts have been issued against the Trump Administration.

And as Trump stays in office, that ratio is set to rise. He is currently on pace to amass over 400(!) nationwide injunctions issued against his administration in his second term.
With nationwide injunctions gone, people could still get sweeping relief through our class action process, which is laid out in great detail by acts of Congress and the Federal Rules of Civil Procedure, while nationwide injunctions are found in neither.
The vote splits on this one are far from certain; however, there was a healthy amount of skepticism of nationwide injunctions and discussion of alternatives from some conservative justices, while others are harder to predict.
In the end, I think SCOTUS will get this right.

The nationwide injunction feeding frenzy over the last 3 months is unprecedented and constitutionally fraught.

I'll still keep pushing for reform in Congress as we wait for SCOTUS's opinion.

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More from @Eric_Schmitt

May 10
Illegals who broke our laws to enter the US aren’t due the same process as citizens.

SCOTUS and the Constitution agree: illegals' rights are limited, especially in deportation.

President Trump will deport millions of illegals without a hearing. Here's how. 🧵 Image
In 1996, back Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act, which created "expedited removal" for certain classes of illegal aliens who had been in the country less than two years. Image
What process are they entitled to under expedited removal? Only a finding by a DHS officer that an alien is 1. here illegally and 2. in a category covered by expedited removal.

In most circumstances: No hearing, no habeas, no appeals.
Read 9 tweets
May 7
And there it is: Proof that the FBI covered up the political motive behind the 2017 congressional baseball shooting.

The shooter was a left-wing extremist who explicitly set out to kill GOP congressmen. The FBI knew this. But they told the public it was just “suicide by cop.” 🧵 Image
This stuff isn't "incompetence." It's specific, intentional ideological corruption. The FBI—like so many other institutions in American life—has become a vehicle for manipulating and shaping public narratives to serve left-wing interests.

And the media is eager to help: Image
The new House GOP report shows, in detail, how the FBI actively sought to suppress the overwhelming evidence that the shooter was acting on explicitly political motives—including concealing his handwritten list of Republican targets.

They insisted it was just "suicide by cop." Image
Read 7 tweets
Apr 29
Amazon spent decades profiting off of America Last trade policies.

First, they tried to attack President Trump's trade policies with this silly stunt. Then, they got hit for it. Now they're trying to back-pedal.

But it's too late. 🧵 Image
Amazon refuses to tell its users where most of their products are made—or if (and when) they’re made in foreign sweatshops. I bet you can guess why.

But NOW, you see, they're all about "transparency"!

That's really what they want us to believe?
Other countries have been ripping America off on trade for years with tariffs and illegal trade practices. Where was Amazon then? Silent.
Read 8 tweets
Apr 25
It's impossible to overstate how absurd this is.

You can't serve in the military if you have asthma.

But because of two federal judges, we have to bend over backwards to accommodate a "condition" that requires lifelong hormones and multiple surgeries?

We need to fight this. 🧵 Image
At the outset of his administration, President Trump signed a common-sense executive order barring transgender military service. In February, the Pentagon issued a memo affirming that people with a history of gender dysphoria are "incompatible" with U.S. military service. Image
Two federal judges didn't just block the policy—they ordered the Pentagon to immediately resume providing "gender-affirming medical care" to transgender military service members.

That includes hormone therapy and sex-change surgeries. Image
Read 8 tweets
Apr 24
The Supreme Court just heard arguments in Mahmoud v. Taylor—a case about whether public schools can force kids to learn radical transgender ideology, even over parents' religious objections.

The Justices are likely to deal a blow to this woke ideology.

Here's what happened. 🧵
In 2022, the Montgomery County public school system introduced a series of "LGBTQ-inclusive" storybooks to be taught in pre-K to 5th grade.

When hundreds of parents raised religious objections, school bureaucrats eliminated parental notice and the ability to opt-out.
These books taught kids to:
(1) view pronouns and gender as arbitrary choices;
(2) reject those who believe in traditional marriage; and
(3) find terms like “drag queens,” “leather” in a sexual context, “non-binary,” and sex workers in image searches.
Read 11 tweets
Apr 22
The Supreme Court bypassed normal appellate procedure to halt President Trump's deportation of more illegal aliens.

There a lot of misinformation floating around about judicial rulings, the Alien Enemies Act, and immigration law.

Let's clear a few things up.🧵
On Apr. 7, SCOTUS held: 1. Judge Boasberg had no jurisdiction over the Tren de Aragua deportations under the Alien Enemies Act; 2. Those TdA thugs must seek relief under "habeas" where they are confined (Texas).

This takes the AEA cases from DC to TX.
Last Wednesday, the ACLU filed, in NDTX before Judge Wes Hendrix, a habeas petition and a motion for an ex parte TRO, asking the court to enjoin the Trump Admin's deportation of TdA members confined in NDTX without giving the Trump Admin notice or opportunity to respond.
Read 12 tweets

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