Nationwide Injunctions & Medicaid Set to Bite the Dust - Will Birthright Citizenship Be Next?
Nationwide Injunctions Were Used to Curb Trump Overarching Executive Orders - But are Class Actions & Other Constitutional Provisions, Poised to Pick-Up the Pieces...
It wasn’t all that long ago that class actions were the only means to regularly include members of a group of litigants harmed by the same person or entity or cause. But national or universal injunctions put an immediate stop to harmful policies and/or actions affecting similarly situated persons across the nation. It was fast and expedient - one afflicted litigant could make their case to a federal judge, show the harm was immediate and likely irreparable and the injunction would be put in place. But on June 27, 2025, the US Supreme Court severely limited a lower federal court's ability to issue nationwide injunctions. That case is Trump v. CASA, Inc.
Bad Rulings Seek Justification
In a 6–3 decision the high court ruled that these injunctions exceeded the power of the judiciary - unless necessary to provide the formal plaintiff with "complete relief." Writing for the majority, Justice Amy Coney Barrett who emphasized that "complete relief" for a plaintiff was distinct from "universal relief" impacting all similar situations nationwide.
What this means: Justice Barrett's view is that complete relief is plaintiff-specific - and that universal relief is a broader concept that could potentially impact many individuals in similar situations. She emphasized that the focus should be on addressing the individual's harm - but extending the remedy to everyone in similar situations is not a “requirement” for complete relief, that is for those before the court. What this in essence says, similarly situated and harmed people - you are on your own…
History
As documented by Harvard Law Review, an ”injunction” is an “equitable remedy” - a measure to restore fairness that enables the court to “control a party’s conduct.” That means either: prohibiting conduct, or requiring a party to act - whatever the action the the judge commands. Whatever it is, ordered action must be immediately made or implemented to remedy an irreparable harm or irreversible wrong. But unlike regular litigation between the parties - a nationwide injunction also called a “universal remedy,” binds all persons and entities across the nation on the same issues and facts - not just the persons or entities appearing before the court.
A Double-Edged Sword
For many years presidents on both sides of the aisle have complained about the breadth and scope of nationwide injunctions. A federal judge in a southern state may see things one way (e.g., such as a very restrictive abortion ban), and a federal judge in a northern state another). It cuts both ways. But, when people are being deported posthaste, it is incumbent to speak with expediency - something only a nationwide injunction can deliver.
Expediency Around Deportation Matters
Sometimes expediency is an issue - and that is best exemplified in cases when large-scale deportation is imminently set to occur - or is actually taking place. Ask Judge Boasberg when he ordered the planes be turned around with Kilmar Obrego Garcia who was mistakenly deported as admitted by government lawyers. But that didn’t stop the Trump administration for continuing on with the flight to El Salvador - ignoring the judge and lying about the plane’s location when the order was made.
But in “normal” circumstances, the government obliges with judicial orders. But as we must all now recognize, this administration has contempt for the rule of law and gleefully thwarts it every chance it gets or takes advantage of… However, a positive attribute of nationwide injunctions, is that the law would applied ‘uniformly’ - such as all those deported being deprived of their due process rights - surely an identifiable class of plaintiffs could obtain immediate relief… or at least, that’s how the system is supposed to work.
But in the recently decided case Trump v Casa by the US Supreme Court - uniformity in the application of the law, is not the outcome the high-court envisions - at least for “all” Americans. Such disparity in application of the law is antithetical to what our Constitution & Declaration of Independence promise to all people. Yet, despite the promises of our founding documents, the high court has made it so every single aggrieved plaintiff must find a lawyer and bring their own claim, as a judge will no longer be able to “immediately” bestow relief to all aggrieved by similar actions by the administration - the aggrieved must all now bring their complaints before the federal court in which they reside, are detained, or have suffered harm.
A Class of Their Own, What this all Means…
As we all know, justice is not quick or swift - and certainly in emergencies time can become onerous. Those who may fear threat of removal may need to find a lawyer and inquire about self-protection. It may even become the norm for those who fear deportation to seek declaratory relief of some kind if they believe they are in imminent danger of being shipped outside the country. Not clear how that would work precipitously, but that may be an option to get a class together - of potentially aggrieved parties. And if class action certification is sought by a large groups of plaintiff’s similarly situated and aggrieved, this will take time, something many will not have. In instances where class certification is sought: efficiency of adjudication may certainly be lost. But that is for immigration attorneys to opine on, not for me.
What Does the Full Faith & Credit Clause of the US Constitution Really Provide?
Found in Article IV, Section 1 of the U.S. Constitution, this clause mandates that each state must respect the "public acts, records, and judicial proceedings" of every other state. For example, a marriage legally performed in one state - including ‘gay marriage,’ must be recognized as valid in all states. Similarly, a court judgment from one state should be honored in other state - because we are ‘the United States.’ But I predict all this is about to change…
What does the Privileges and Immunities Clause Mean Now?
The Privileges and Immunities Clause, is found in Article IV, Section 2 and the Fourteenth Amendment of the U.S. Constitution. It not only prevents states from discriminating against citizens of other states, but ensures that citizens of each state are entitled to receive the same fundamental rights and privileges as citizens of other states, when they are physically located within another state's jurisdiction.
The caveat here is the fact that the US Supreme Court has given the green light to the Trump administration for states to treat people differently, in any state - especially southern states with immigrants and blacks - people of color. And that’s where federal cuts to Medicaid comes in - people getting treated differently by states with no uniformity whatsoever. But Senators voted to approve such a bill, one that hurts their own constituents - and remarkably, and especially - the Trump voters.
It’s All About Pretext
But all of this is pretext for what is to come next. Dismantling the longstanding Constitutional provisions and cultural acknowledgement of Birthright Citizenship being the longstanding law of the land will have many intended and unintended consequences. One of them being leaving people ‘stateless’ without a country to call their own. And as a consequence of their forced departure, the proposition that more dollars will be available for American citizens to earn and spend is just bait. As all of this ignores one simple point: immigrants put money into the American system from their work and contributions: money they can never claim or take out.
Legal immigrants are liable for Social Security and Medicare taxes under the same rules as U.S. citizens. They pay in, but rarely if ever are able to take out.
Undocumented workers contribute billions of dollars annually to the Social Security trust fund through payroll taxes, even though they are typically ineligible to receive benefits. In 2022, undocumented immigrants paid an estimated $25.7 billion in Social Security taxes.
Even more sadistic and pretextual: Who gets the money in bank accounts and assets when an immigrant family - many who own businesses and assets, get deported? I’d like to know - especially as in most cases, where there has been no due process. Where does the money go from the sale of their homes, businesses, finances and personal belongings once they are “disappeared” and no longer free and present here in the US to make claim…
Payback
Perhaps it goes into some administrator’s pocketbook as cash or other highly-tradable commodities like cryptocurrency. But wherever it is, and wherever it goes, you can bet it was all done with their selfish interests in mind. But that’s the essence of the grift. And for those who voted for these people - they were unwitting pawns used to effectuate this dastardly scam.
Heartfelt or Heartless
These are the plans of a cruel and dispassionate administration - where kindness and compassion have no home. In its place, is the cold fury of vengeance by those whose sadistic banter is fomented to create more victims. These ‘sadisticians’ are only ones benefitting from the cruelty - by way of stock options, shareholder profits and investment in private prisons - and most likely conversion of assets of the newly deported.
Cruelty is the not just the point - it is the path to profit, to ensure those who have been victimized understand they have no rights to anything they owned. All of this poised to be exploited by a deviant, sadistic administration who wishes to profit from hardship and grift. Allowing them to pilfer immigrant coffers, while profiting on their ensuing confinement. And of course, any family member of the newly detained and deported are made too fearful to inquire. Make no mistake, this is not about keeping America safe when confining and deporting law-abiding mothers, fathers, families and children. It is a means to take what they have. This is about exploit - not national security. Wake up America, this is the “Art of the Con” in process.
All of this deportation at the taxpayer’s expense is just a ruse - an excuse to profit without accountability - an excuse for “elected” and “cabinet” officials to seize assets using color of law of the US government.
This is Why Voting Matters…
Electing people who are felons or morally bankrupt, can never end well. As the grift was always to lie, and ultimately exploit unwitting Americans for their vote. And now finally those who chose to be blind - half of the American people, will not only see, but feel the consequences of their actions. It is no longer ones’ neighbor, barber or landscaper who is rounded up, imprisoned and suffering - it will be the MAGA poor. Kicked out of their nursing homes with their benefits cut, and their rural hospitals defunded and closed. They will suffer the fate of their ‘self-inflicted’ vote - as the “Big Beautiful Bill” will cut their food stamps, their Medicaid, school lunches, making them poorer, sicker and prone to die young. Being ignorant and naive, has consequences - sadly, for much of the country, it is already too late.
The moral of the story: If you trust in a grifter, cheat and liar - you’d better be prepared to expect the outcome you get.
Copyright 2025, Mary Kay Elloian, MBA, JD, Esq. - The Legal Edition® - Legal, Business & Policy News - TheLegalEdition.com - All Rights Reserved.
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Important Note: This information is for general educational purposes - it is not legal advice. Seek a legal practitioner for your personal legal needs.
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Notes:
https://www.cbsnews.com/news/supreme-court-birthright-citizenship-universal-injunctions/
https://www.aclu.org/press-releases/supreme-court-limits-nationwide-injunctions-potentially-allowing-partial-enforcement-of-trumps-birthright-citizenship-order
https://www.pbs.org/newshour/show/how-the-supreme-court-ruling-on-nationwide-injunctions-affects-presidential-powers
https://www.aclu.org/press-releases/supreme-court-limits-nationwide-injunctions-potentially-allowing-partial-enforcement-of-trumps-birthright-citizenship-order
https://www.cbsnews.com/news/supreme-court-birthright-citizenship-universal-injunctions/
https://supreme.justia.com/cases/federal/us/606/24a884/
https://www.usmarshals.gov/who-we-are/history/historical-reading-room/judiciary-act-of-1789-charter-us-marshals-and-deputies
https://www.law.cornell.edu/rules/frcp/rule_23