Congressional Digest

Supreme Court Debates September 2025 No. 6 Vol. 28
Reply Brief

Nationwide Injunctions

Birthright Citizenship and the Limits of Court Power

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Reply Brief

The following is excerpted from the Reply of Applicants as submitted to the U.S. Supreme Court on April 7, 2025. For the first 170 years of American jurisprudence, nationwide injunctions were virtually unknown. Their use remained sparing until this century, when they saw a dramatic upsurge in 2017, followed by an explosion in the last three months. These injunctions exceed the district courts’ authority under Article III and gravely encroach on the president’s executive power under Article II. This court’s intervention is urgently needed to restore the constitutional balance of separated powers. Nationwide injunctions thwart the executive branch’s crucial policies…

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