How much power to stop the president should federal judges have?

Los Angeles Times - May 16th, 2025
Open on Los Angeles Times

The U.S. Supreme Court is currently deliberating on a potentially transformative issue regarding the ability of federal courts to issue nationwide injunctions. This debate comes in light of President Trump's executive order aiming to eliminate birthright citizenship, which has been challenged as unconstitutional by several lower courts. These courts issued nationwide injunctions, halting the order's implementation across the country. The Supreme Court's decision on this matter could significantly impact the judiciary's role in checking presidential powers. The justices appear divided along ideological lines, with the outcome likely depending on Chief Justice John G. Roberts Jr., Brett M. Kavanaugh, and Amy Coney Barrett, who might join their liberal colleagues to preserve the injunctions.

The context of this case is crucial as it addresses the balance of power between the executive branch and the federal judiciary. Nationwide injunctions have historically been a tool to prevent the implementation of policies deemed unconstitutional until a final legal decision is reached. If the Supreme Court decides to eliminate or restrict such injunctions, it could lead to inconsistent application of laws across different jurisdictions, particularly concerning citizenship rights. The implications extend beyond this case, potentially affecting how future executive orders are contested and scrutinized. This decision will test the judiciary's role in upholding constitutional order and maintaining checks and balances within the federal government.

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RATING

6.8
Fair Story
Consider it well-founded

The article provides a timely and largely accurate examination of the Supreme Court's consideration of nationwide injunctions in the context of President Trump's executive order on birthright citizenship. It effectively highlights the legal stakes and potential consequences of the court's decision, engaging with broader themes of constitutional interpretation and judicial oversight. The piece is clearly written and accessible, though it could benefit from greater balance and transparency in its presentation of perspectives and sourcing. Overall, the article successfully informs readers about a significant legal issue with wide-ranging implications, while also encouraging public discourse on the role of the judiciary in checking executive power.

RATING DETAILS

8
Accuracy

The article is largely accurate in its depiction of President Trump's executive order on birthright citizenship and the Supreme Court's involvement. It correctly states that the 14th Amendment has been interpreted to grant citizenship to all persons born in the U.S., a fact supported by the *United States vs. Wong Kim Ark* case. The claim that multiple federal courts issued nationwide injunctions against Trump's order is also accurate. However, the article's assertion that the executive order is 'blatantly unconstitutional' leans more on opinion than established legal fact, as the constitutionality of such orders would ultimately be determined by the courts. The story accurately identifies the ideological split among the justices and the potential impact of ending nationwide injunctions, although it should be noted that the specific alignment of justices on this issue remains speculative.

7
Balance

The article presents the issue primarily from a perspective critical of President Trump's actions and supportive of maintaining nationwide injunctions. It highlights the potential negative consequences of ending such injunctions and frames the executive order as a threat to constitutional rights. While it mentions the administration's argument that nationwide injunctions hinder constitutional duties, this viewpoint is less emphasized. The piece could benefit from a more balanced exploration of the rationale behind opposing nationwide injunctions and the potential merits of the Trump administration's position.

8
Clarity

The article is clearly written, with a logical structure that guides the reader through the complex legal issues involved. It effectively explains the implications of the Supreme Court's potential decision and the stakes involved in the debate over nationwide injunctions. The language is accessible, though some legal jargon may require additional explanation for a general audience. Overall, the piece maintains a neutral tone, though it occasionally veers into opinion, particularly in its characterization of the executive order as 'blatantly unconstitutional.'

6
Source quality

The article does not explicitly cite sources or provide direct quotes from the oral arguments or court documents, which limits the assessment of source quality. It references well-known legal precedents and the positions of Supreme Court justices, which suggests a reliance on credible legal interpretations and public records. However, the lack of specific attribution to primary sources or expert commentary affects the overall reliability and depth of the reporting.

5
Transparency

The article lacks transparency regarding its sources and methodology. It does not disclose how information was gathered or provide links to primary documents, such as court filings or transcripts of the oral arguments. The piece is written by Erwin Chemerinsky, a well-known legal scholar, which lends some credibility, but the lack of explicit source attribution and context for the claims made reduces transparency. The article would benefit from clearer explanations of the basis for its assertions and any potential conflicts of interest.

Sources

  1. https://www.axios.com/2025/05/15/trump-birthright-citizenship-supreme-court
  2. https://www.americanprogress.org/article/what-to-know-about-the-supreme-court-case-on-birthright-citizenship-and-nationwide-injunctions/
  3. https://www.congress.gov/crs-product/LSB11313
  4. https://qresear.ch/?q=standard