Todays Date:  
   rss

LLP LEGAL NEWS


The legal battle over President Donald Trump’s move to end birthright citizenship is far from over despite the Republican administration’s major victory Friday limiting nationwide injunctions.

Immigrant advocates are vowing to fight to ensure birthright citizenship remains the law as the Republican president tries to do away with more than a century of precedent.

The high court’s ruling sends cases challenging the president’s birthright citizenship executive order back to the lower courts. But the ultimate fate of the president’s policy remains uncertain.

Here’s what to know about birthright citizenship, the Supreme Court’s ruling and what happens next.

What does birthright citizenship mean?

Birthright citizenship makes anyone born in the United States an American citizen, including children born to mothers in the country illegally.

The practice goes back to soon after the Civil War, when Congress ratified the Constitution’s 14th Amendment, in part to ensure that Black people, including former slaves, had citizenship.

“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States,” the amendment states.

Thirty years later, Wong Kim Ark, a man born in the U.S. to Chinese parents, was refused re-entry into the U.S. after traveling overseas. His suit led to the Supreme Court explicitly ruling that the amendment gives citizenship to anyone born in the U.S., no matter their parents’ legal status.

It has been seen since then as an intrinsic part of U.S. law, with only a handful of exceptions, such as for children born in the U.S. to foreign diplomats.

Trump has long said he wants to do away with birthright citizenship

Trump’s executive order, signed in January, seeks to deny citizenship to children who are born to people who are living in the U.S. illegally or temporarily. It’s part of the hardline immigration agenda of the president, who has called birthright citizenship a “magnet for illegal immigration.”

Trump and his supporters focus on one phrase in the amendment — “subject to the jurisdiction thereof” – saying it means the U.S. can deny citizenship to babies born to women in the country illegally.

A series of federal judges have said that’s not true, and issued nationwide injunctions stopping his order from taking effect.

“I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is. This is a blatantly unconstitutional order,” U.S. District Judge John Coughenour said at a hearing earlier this year in his Seattle courtroom.

In Greenbelt, Maryland, a Washington suburb, U.S. District Judge Deborah Boardman wrote that “the Supreme Court has resoundingly rejected and no court in the country has ever endorsed” Trump’s interpretation of birthright citizenship.

Is Trump’s order constitutional? The justices didn’t say

The high court’s ruling was a major victory for the Trump administration in that it limited an individual judge’s authority in granting nationwide injunctions. The administration hailed the ruling as a monumental check on the powers of individual district court judges, whom Trump supporters have argued want to usurp the president’s authority with rulings blocking his priorities around immigration and other matters.

But the Supreme Court did not address the merits of Trump’s bid to enforce his birthright citizenship executive order.

“The Trump administration made a strategic decision, which I think quite clearly paid off, that they were going to challenge not the judges’ decisions on the merits, but on the scope of relief,” said Jessica Levinson, a Loyola Law School professor.

Attorney General Pam Bondi told reporters at the White House that the administration is “very confident” that the high court will ultimately side with the administration on the merits of the case.

Questions and uncertainty swirl around next steps

The justices kicked the cases challenging the birthright citizenship policy back down to the lower courts, where judges will have to decide how to tailor their orders to comply with the new ruling. The executive order remains blocked for at least 30 days, giving lower courts and the parties time to sort out the next steps.

The Supreme Court’s ruling leaves open the possibility that groups challenging the policy could still get nationwide relief through class-action lawsuits and seek certification as a nationwide class. Within hours after the ruling, two class-action suits had been filed in Maryland and New Hampshire seeking to block Trump’s order.

But obtaining nationwide relief through a class action is difficult as courts have put up hurdles to doing so over the years, said Suzette Malveaux, a Washington and Lee University law school professor.

“It’s not the case that a class action is a sort of easy, breezy way of getting around this problem of not having nationwide relief,” said Malveaux, who had urged the high court not to eliminate the nationwide injunctions.




The Supreme Court sided with e-cigarette companies on Friday in a ruling making it easier to sue over Food and Drug Administration decisions blocking their products from the multibillion-dollar vaping market.

The 7-2 opinion comes as companies push back against a yearslong federal regulatory crackdown on electronic cigarettes. It’s expected to give the companies more control over which judges hear lawsuits filed against the agency.

The justices went the other way on vaping in an April decision, siding with the FDA in a ruling upholding a sweeping block on most sweet-flavored vapes instituted after a spike in youth vaping.

The current case was filed by R.J. Reynolds Vapor Co., which had sold a line of popular berry and menthol-flavored vaping products before the agency started regulating the market under the Tobacco Control Act in 2016.

The agency refused to authorize the company’s Vuse Alto products, an order that “sounded the death knell for a significant portion of the e-cigarette market,” Justice Amy Coney Barrett wrote in the majority opinion.

The company is based in North Carolina and typically would have been limited to challenging the FDA in a court there or in the agency’s home base of Washington. Instead, it joined forces with Texas businesses that sell the products and sued there. The conservative 5th U.S. Circuit Court of Appeals allowed the lawsuit to go forward, finding that anyone whose business is hurt by the FDA decision can sue.

The agency appealed to the Supreme Court, arguing that R.J. Reynolds was attempting to find a court favorable to its arguments, a practice often referred to as “judge shopping.”

The justices, though, found that the law does allow other businesses affected by the FDA decisions, like e-cigarette sellers, to sue in their home states.

In a dissent, Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, said she would have sided with the agency and limited where the cases can be filed.  

The Campaign for Tobacco-Free Kids called the majority decision disappointing, saying it would allow manufacturers to “judge shop,” though it said the companies will still have to contend with the Supreme Court’s April decision.

Attorney Ryan Watson, who represented R.J. Reynolds, said that the court recognized that agency decisions can have devastating downstream effects on retailers and other businesses, and the decision “ensures that the courthouse doors are not closed” to them.



California’s challenge of the Trump administration’s military deployment in Los Angeles returned to a federal courtroom in San Francisco on Friday for a brief hearing after an appeals court handed President Donald Trump a key procedural win.

U.S. District Judge Charles Breyer put off issuing any additional rulings and instead asked for briefings from both sides by noon Monday on whether the Posse Comitatus Act, which prohibits troops from conducting civilian law enforcement on U.S. soil, is being violated in Los Angeles.

The hearing happened the day after the 9th Circuit appellate panel allowed the president to keep control of National Guard troops he deployed in response to protests over immigration raids.

California Gov. Gavin Newsom said in his complaint that “violation of the Posse Comitatus Act is imminent, if not already underway” but Breyer last week postponed considering that allegation.

Vice President JD Vance, a Marine veteran, traveled to Los Angeles on Friday and met with troops, including U.S. Marines who have been deployed to protect federal buildings.

According to Vance, the court determined Trump’s determination to send in federal troops “was legitimate” and he will do it again if necessary.

“The president has a very simple proposal to everybody in every city, every community, every town whether big or small, if you enforce your own laws and if you protect federal law enforcement, we’re not going to send in the National Guard because it’s unnecessary,” Vance told journalists after touring a federal complex in Los Angeles.

Vance’s tour of a multiagency Federal Joint Operations Center and a mobile command center came as demonstrations have calmed after sometimes-violent clashes between protesters and police and outbreaks of vandalism and break-ins that followed immigration raids across Southern California earlier this month. Tens of thousands have also marched peacefully in Los Angeles since June 8.

National Guard troops have been accompanying federal agents on some immigration raids, and Marines briefly detained a man on the first day they deployed to protect a federal building. The marked the first time federal troops detained a civilian since deploying to the nation’s second-largest city.

Breyer found Trump acted illegally when, over opposition from California’s governor, the president activated the soldiers. However, the appellate decision halted the judge’s temporary restraining order. Breyer asked the lawyers on Friday to address whether he or the appellate court retains primary jurisdiction to grant an injunction under the Posse Comitatus Act.

California has sought a preliminary injunction giving Newsom back control of the troops in Los Angeles, where protests have calmed down in recent days.

Trump, a Republican, argued that the troops have been necessary to restore order. Newsom, a Democrat, said their presence on the streets of a U.S. city inflamed tensions, usurped local authority and wasted resources.

The demonstrations appear to be winding down, although dozens of protesters showed up Thursday at Dodger Stadium, where a group of federal agents gathered at a parking lot with their faces covered, traveling in SUVs and cargo vans. The Los Angeles Dodgers organization asked them to leave, and they did.

On Tuesday, Los Angeles Mayor Karen Bass lifted a downtown curfew that was first imposed in response to vandalism and clashes with police after crowds gathered in opposition to agents taking migrants into detention.

Trump federalized members of the California National Guard under an authority known as Title 10.

Title 10 allows the president to call the National Guard into federal service when the country “is invaded,” when “there is a rebellion or danger of a rebellion against the authority of the Government,” or when the president is otherwise unable “to execute the laws of the United States.”

Breyer found that Trump had overstepped his legal authority, which he said allows presidents to control state National Guard troops only during times of “rebellion or danger of a rebellion.”

“The protests in Los Angeles fall far short of ‘rebellion,’ ” wrote Breyer, a Watergate prosecutor who was appointed by President Bill Clinton and is the brother of retired Supreme Court Justice Stephen Breyer.

The Trump administration argued that courts can’t second-guess the president’s decisions. The appellate panel ruled otherwise, saying presidents don’t have unfettered power to seize control of a state’s guard, but the panel said that by citing violent acts by protesters in this case, the Trump administration had presented enough evidence to show it had a defensible rationale for federalizing the troops.

For now, the California National Guard will stay in federal hands as the lawsuit proceeds. It is the first deployment by a president of a state National Guard without the governor’s permission since troops were sent to protect Civil Rights Movement marchers in 1965.

Trump celebrated the appellate ruling in a social media post, calling it a “BIG WIN” and hinting at more potential deployments.

Newsom, for his part, has also warned that California won’t be the last state to see troops in the streets if Trump gets his way.




A panel of three federal appellate judges has ruled that a Louisiana law requiring the Ten Commandments to be posted in each of the state’s public school classrooms is unconstitutional.

The ruling Friday marked a major win for civil liberties groups who say the mandate violates the separation of church and state, and that the poster-sized displays would isolate students — especially those who are not Christian.

The mandate has been touted by Republicans, including President Donald Trump, and marks one of the latest pushes by conservatives to incorporate religion into classrooms. Backers of the law argue the Ten Commandments belong in classrooms because they are historical and part of the foundation of U.S. law.

“This is a resounding victory for the separation of church and state and public education,” said Heather L. Weaver, a senior staff attorney with the American Civil Liberties Union. “With today’s ruling, the Fifth Circuit has held Louisiana accountable to a core constitutional promise: Public schools are not Sunday schools, and they must welcome all students, regardless of faith.”

The plaintiffs’ attorneys and Louisiana disagreed on whether the appeals court’s decision applied to every public school district in the state or only the districts party to the lawsuit.

“All school districts in the state are bound to comply with the U.S. Constitution,” said Liz Hayes, a spokesperson for Americans United for Separation of Church and State, which served as co-counsel for the plaintiffs.

The appeals court’s rulings “interpret the law for all of Louisiana,” Hayes added. “Thus, all school districts must abide by this decision and should not post the Ten Commandments in their classrooms.”

Louisiana Attorney General Liz Murrill said she disagreed and believed the ruling only applied to school districts in the five parishes that were party to the lawsuit. Murrill added that she would appeal the ruling, including taking it to the U.S. Supreme Court if necessary.

The panel of judges reviewing the case was unusually liberal for the 5th U.S. Circuit Court of Appeals. In a court with more than twice as many Republican-appointed judges, two of the three judges involved in the ruling were appointed by Democratic presidents.

The court’s ruling stems from a lawsuit filed last year by parents of Louisiana school children from various religious backgrounds, who said the law violates First Amendment language guaranteeing religious liberty and forbidding government establishment of religion.

The ruling also backs an order issued last fall by U.S. District Judge John deGravelles, who declared the mandate unconstitutional and ordered state education officials not to enforce it and to notify all local school boards in the state of his decision.

Republican Gov. Jeff Landry signed the mandate into law last June.

Landry said in a statement Friday that he supports the attorney general’s plans to appeal.

“The Ten Commandments are the foundation of our laws — serving both an educational and historical purpose in our classrooms,” Landry said.

Law experts have long said they expect the Louisiana case to make its way to the U.S. Supreme Court, testing the court on the issue of religion and government.

Similar laws have been challenged in court.

A group of Arkansas families filed a federal lawsuit earlier this month challenging a near-identical law passed in their state. And comparable legislation in Texas currently awaits Gov. Greg Abbott’s signature.

In 1980, the U.S. Supreme Court ruled that a Kentucky law violated the Establishment Clause of the U.S. Constitution, which says Congress can “make no law respecting an establishment of religion.” The court found that the law had no secular purpose but served a plainly religious purpose.

And in 2005, the Supreme Court held that such displays in a pair of Kentucky courthouses violated the Constitution. At the same time, the court upheld a Ten Commandments marker on the grounds of the Texas state Capitol in Austin.



Experienced Advocates in Labor and Employment Law

With years of experience representing both employees and employers, our firm has developed a comprehensive understanding of the legal challenges that arise in today’s workplaces. Our labor and employment attorneys provide strategic, personalized representation tailored to your specific circumstances.

We are passionate about protecting the rights of employees. If you’ve faced discrimination, harassment, retaliation, wrongful termination, or any other form of workplace injustice, we are prepared to stand by you and pursue the justice you deserve.

We also advise employers on navigating the complex landscape of labor and employment law. From drafting employment agreements and enforcing non-compete clauses to ensuring compliance and resolving disputes, we offer practical, results-oriented legal support designed to protect your organization.

Our attorneys have successfully represented clients in both the public and private sectors across a wide range of employment matters, including:

-Wrongful termination and layoffs
-Workplace discrimination and harassment
-Promotion and advancement disputes
-Disciplinary actions
-Employment contract and severance negotiations
-Non-compete and confidentiality agreements
-Disability accommodations and related claims

Whether you're an individual seeking justice or a business seeking clarity, we are here to help.

Seo Law Group, PLLC
https://seolawgroup.com


Top Tier Legal Web Redesign by Law Promo

© LLP News. All Rights Reserved.

The content contained on the web site has been prepared by Breaking Legal News.
as a service to the internet community and is not intended to constitute legal advice or
a substitute for consultation with a licensed legal professional in a particular case or circumstance.
   Legal Spotlight
   Exclusive Commentaries
   More Legal News  1  2  3  4  5  6
   Lawyer & Law Firm Links
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com

   Legal News Links
  Crisis Legal News
  Daily Bar News
  Legal Marketing Insight
  Click the Law
  Legal New Journal
  Law Firm Logos

   Law Firm Site Links
  Lawyer Web Direct
  Legal & Law Firm News