Trump’s Birthright Citizenship Ban Faces New Peril: Class Actions

Of note:

When the Supreme Court ruled in President Trump’s favor two weeks ago in a case arising from his efforts to ban birthright citizenship, he called the decision “a monumental victory.”

But the victory may turn out to be short-lived.

To be sure, the 6-to-3 ruling severely limited a key tool federal trial judges had used in checking executive power — universal injunctions that applied not only to the plaintiffs but also to everyone else affected by the challenged program nationwide.

But the justices made clear that another important tool remained available — class actions, which let people facing a common problem band together in a single lawsuit to obtain nationwide relief.

The differences between the two procedures may at first blush seem technical. But universal injunctions have long been criticized across the ideological spectrum as a judicial power grab without a basis in law. Class actions, on the other hand, are an established mechanism whose requirements are set out in detail in the Federal Rules of Civil Procedure.

Judge Joseph N. Laplante, a federal judge in New Hampshire, embraced class actions on Thursday, opening a new front in the battle to deny Mr. Trump’s effort to redefine who can become a citizen. The move was also a new sign that Mr. Trump’s win at the Supreme Court may turn out to be less lasting than it at first appeared.

The judge provisionally certified a class of all children born to parents who are in the United States temporarily or without authorization. Then he entered a preliminary injunction in their favor barring the enforcement of Mr. Trump’s ban on birthright citizenship. It applied nationwide.

That means Mr. Trump’s executive order, which has never come into effect and may never will, remains blocked. The ban would upend the conventional understanding of the first sentence of the 14th Amendment, adopted in 1868: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”

A White House spokesman called Judge Laplante’s ruling “an obvious and unlawful attempt to circumvent the Supreme Court’s clear order against universal relief.”

But the court’s decision specifically contemplated the alternative, and it gave challengers 30 days to pursue it and other options….

Source: Trump’s Birthright Citizenship Ban Faces New Peril: Class Actions