The Government does not ask for complete stays of the injunctions, as it ordinarily does before this Court. Why? The answer is obvious: To get such relief, the Government would have to show that the Order is likely constitutional, an impossible task in light of the Constitution’s text, history, this Court’s precedents, federal law, and Executive Branch practice.
Sotomayor critiques the government's strategy to avoid proving the constitutionality of its policies.
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would be well advised to file promptly class-action suits and to request temporary injunctive relief for the putative class pending class certification.
Today, the threat is to birthright citizenship. Tomorrow, a different administration may try to seize firearms from law-abiding citizens or prevent people of certain faiths from gathering to worship.
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