The U.S. Supreme Court is poised to review federal district court decisions that have thus far blocked implementation of President Donald Trump’s executive order intended to end birthright citizenship for children of certain immigrants. Several federal district courts issued nationwide injunctions halting implementation of the order, citing Fourteenth Amendment language guaranteeing such rights.
In its appeal to the Supreme Court, the administration is not focusing on substantive arguments supporting the executive order. Instead, it is arguing against the ability of district courts to issue injunctions that apply outside of that specific court’s geographic territory. In recent years, these nationwide injunctions have been issued in an increasing number of cases, blocking or delaying executive branch actions across several presidencies.
If the Supreme Court restricts or eliminates the ability of such courts to issue nationwide injunctions, this could have a profound impact on employers. These injunctions have blocked a number of labor regulations, including the Federal Trade Commission’s ban on noncompete agreements, and the Department of Labor’s attempts to increase the guaranteed salary required to claim exemption from federal overtime requirements.
In the absence of such injunctive powers, employers and groups opposing these rules would be required to file suit in multiple jurisdictions, or face implementation of such measures across most of the U.S. while their challenges work their way through the legal system. While the current administration may be frustrated over judicial actions blocking some executive branch initiatives, a decision ending this authority could give future presidents the ability to issue labor and employment regulations with limited opportunity to prevent them from taking effect.
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