Speaking the Law

In this episode of "America's Constitution," Andy Lipka and Professor Akil Amar discuss the Supreme Court's decision in Trump v. Casa, focusing on nationwide injunctions and birthright citizenship. They analyze Justice Barrett's majority opinion, concurrences, and dissents, particularly Justice Jackson's concerns about the rule of law. The discussion covers potential solutions, including expedited consideration of the merits, class actions, and a new theory based on equal citizenship. They critique the court's handling of the case, suggesting it could have addressed the constitutional issues more directly and express concerns about the government's potential to delay resolution. Amar introduces a new idea about horizontal citizenship and its implications for future litigation, aiming to bring the issue back to the Supreme Court for a definitive ruling on the merits.