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On its face, the administration's application for a partial stay simply asks the Supreme Court to narrow the scope of the injunctions as to birthright citizenship (rather than decide the merits of the argument at this juncture). But the application also seeks to strike at the heart of an even larger issue — the explosion of universal injunctions being issued in recent years.
The rationale is spelled out succinctly in the application's next-to-last paragraph:
There are “more than 1,000 active and senior district court judges, sitting across 94 judicial districts.” DHS, 140 S. Ct. at 600-601 (Gorsuch, J., concurring). Years of experience have shown that the Executive Branch cannot properly perform its functions if any judge anywhere can enjoin every presidential action everywhere. The sooner universal injunctions are “eliminated root and branch,” “the better.” Arizona, 40 F.4th at 398 (Sutton, C.J., concurring)
If nothing else, the Trump administration is prompting a thorough examination of the separation of powers and the scope of executive authority.