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Attorneys Brian Kabateck and Shant Karnikian expose the Supreme Court's strategic non-decision on Trump's birthright citizenship executive order, revealing how the Court eliminated national injunctions while deliberately leaving the class action door wide open. They break down Amy Coney Barrett's "beautiful opinion" that appears to help Trump but actually provides a clear procedural roadmap for constitutional challengers to achieve the same nationwide relief through Rule 23 class certification. The hosts examine why Justices Alito and Thomas went out of their way to warn against "easy" class actions, telegraphing their future votes and revealing the conservative bloc's fear of this legal avenue. They explore how Trump's war on judicial oversight extends beyond this case to a broader assault on checks and balances, and why his administration's promise to "vigorously fight any class action" shows their recognition that this procedural path could ultimately destroy their unconstitutional agenda.
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