The reason is I often aren't able to respond to comments for some time and the unanswered comment can scare people who come to this post for help on something else
Also even when answered the comment may scare them because they see it first.
It works much better to put comments on other topics on a special post for them.
It is absolutely fine to digress and go off topic in conversations here - this is specifically about things you want help with that might scare people.
PLEASE DON’T TELL A SCARED PERSON THAT THE THING THEY ARE SCARED OF IS TRUE WITHOUT A VERY RELIABLE SOURCE OR IF YOU ARE A VERY RELIABLE SOURCE YOURSELF - AND RESPOND WITH CARE
This is not like a typical post on substack. It is specifically to help people who are very scared with voluntary fact checking. Please no politically motivated exaggerations here. And please be careful, be aware of the context.
We have a rule in the Facebook group and it is the same here.
If you are scared and need help it is absolutely fine to comment about anything to do with the topic of the post that scares you.
But if you are not scared or don’t want help with my voluntary fact checking please don’t comment with any scary material.
If you respond to scared people here please be careful with your sources. Don’t tell them that something they are scared of is true without excellent reliable sources, or if you are a reliable source yourself.
It also matters a lot exactly HOW you respond. E.g. if someone is in an area with a potential for earthquakes there’s a big difference between a reply that talks about the largest earthquake that’s possible there even when based on reliable sources, and says nothing about how to protect themselves and the same reply with a summary and link to measures to take to protect yourself in an earthquake.
I expect the birthright citizenship cases to be certified as a class action before the 30 days is up with a preliminary injunction covering the members of the class of all children born in the United States who are subject to the EO.
The government is virtually certain to lose on the merits, so they are trying to avoid judicial review. But federal judges don’t play around.
And yes they would lose on the merits. The thing is that it's only the government can take it to the Supreme Court and only the Supreme Court that can decide it for all the district courts in one go. But since the plaintiffs keep winning, the plaintiffs who take out the cases can't appeal to the Supreme Court. They can only appeal if they lose which will never happen.
So it is up to the Trump admin to appeal. They haven't yet and there is no legal requirement on them to appeal. So they could just never appeal for the rest of Trump's term and then the situation would never be settled until the next president.
That seems to be their game plan. To never appeal and then use the uncertainty to try to deport newborns and their mothers born in states that don't have state level injunctions.
Will see what happens 30 days from now, whether Trump's admin really will try to deport newborns and their mothers before they can travel to a safe state and before they can take out a case in their own state in their favour. Even with class injunctions that may still be possible.
Correct, they are trying to avoid judicial review, but federal judges aren't stupid.
Getting a class certified and an injunction against the class is a workaround for the universal injunctions. I expect the judges to be very sympathetic to a class certification. It will probably bounce around the courts without going into effect until the end of Trump's term or until the policy is reversed.
However, we will have to see, but it might not work so well though in this case, because mothers might risk deportation with their kids just for being an illegal immigrant before they can get a court decision for their child. That's because of the way under the Trump administration, ICE has been waiting outside courts to detain undocumented immigrants after their court cases. https://www.nbcnews.com/news/latino/immigrations-arrests-ice-deportations-courthouse-legal-process-ice-rcna209671
In this particular situation the mothers may need to travel to the safe states either to give birth or as soon as possible after giving birth and you can be sure that there will be organizations that pay for the travel to do so.
Robert, can you make sure I’m understanding correctly? So, what I gather is that while this isn’t great, it isn’t catastrophic. We can get the same results in maybe just a little bit more time with emergency certified class action? For example, if they issued an EO freezing mediciad, individuals, states and advocacy groups, hospitals etc would sue. And many of those could file as class action and request to be classified as certified class action to cover everyone in the country on Medicaid in as little as 2-3 days as it would be considered an emergency? And everyone would not have to “opt in” or have filed the original case due to it being a class action and covering everyone person in every state?
Yes and those cases are underway already. The first will be heard 2 pm EDT on Monday 30th June. I've added more detail in the blog post.
In addition the States can also still probably take out a universal injunction - California at least is going to try - the judges left that option open.
No they don't have to opt into the class.
They might in principle still have to prove they belong to the class e.g. when getting a social security number, I don't know how that would work.
The details will all be clarified by 30 days from now.
In theory you'd think they shouldn't need to prove they belong to the class since it's irrelevant since after this emergency injunction whatever their status they should get an SSN but the government perhaps could try to require it as unnecessary red tape??
I just don't know what happens yet not found any sources that go into that detail and it likely depends on the legal cases playing out first.
Also, people are seeming to forget an APA injunction can still be issued to stop an agency action which also renders nationwide relief. An apa injunction was granted in response to the federal funding freeze that was attempted in January.
This isn't just about Birthrright Citizenship it's also about funding freezes, Voter ID Laws, DOGE firings, legality of the Liberation Day Tariffs, ANYTHING that was previously blocked by lower courts. It's all in jeopardy
I've added a new section about this. All of those can have state level injunctions.
Also they can have class injunctions based on an emergency registration for a putative class - this can be done very fast almost as fast as a universal injunction.
There's a bit of a question about that for birthright citizenship just because of the issue that undocumented immigrants might not want to tell the courts that they belong to this class because the government might deport them before their case is completed.
But in most cases it should work fine. It's rarely used and will now be used far more widely.
I don’t think any state would necessarily be screwed because advocacy groups or even individuals could file a class action lawsuit and request emergency classification as a certified class action. Therefore, it would cover every person in every state, they wouldn’t have to opt into the suit or anything. If you’re someone who fits the description, like a person who would be affected by the tarrifs living in the US (everyone)- an emergency classification as a certified class action can be done rather quickly and provide relief for the entire country and can be done almost as quickly as national injunctions. Basically, they changed up the game, but there’s more than one way to win.
PLEASE DON'T COMMENT ON THIS POST WITH POTENTIALLY SCARY QUESTIONS ABOUT ANY OTHER TOPIC:
INSTEAD PLEASE COMMENT ON THE SPECIAL SEPARATE POST I SET UP HERE: https://robertinventor.substack.com/p/post-to-comment-on-with-off-topic-940
The reason is I often aren't able to respond to comments for some time and the unanswered comment can scare people who come to this post for help on something else
Also even when answered the comment may scare them because they see it first.
It works much better to put comments on other topics on a special post for them.
It is absolutely fine to digress and go off topic in conversations here - this is specifically about things you want help with that might scare people.
PLEASE DON’T TELL A SCARED PERSON THAT THE THING THEY ARE SCARED OF IS TRUE WITHOUT A VERY RELIABLE SOURCE OR IF YOU ARE A VERY RELIABLE SOURCE YOURSELF - AND RESPOND WITH CARE
This is not like a typical post on substack. It is specifically to help people who are very scared with voluntary fact checking. Please no politically motivated exaggerations here. And please be careful, be aware of the context.
We have a rule in the Facebook group and it is the same here.
If you are scared and need help it is absolutely fine to comment about anything to do with the topic of the post that scares you.
But if you are not scared or don’t want help with my voluntary fact checking please don’t comment with any scary material.
If you respond to scared people here please be careful with your sources. Don’t tell them that something they are scared of is true without excellent reliable sources, or if you are a reliable source yourself.
It also matters a lot exactly HOW you respond. E.g. if someone is in an area with a potential for earthquakes there’s a big difference between a reply that talks about the largest earthquake that’s possible there even when based on reliable sources, and says nothing about how to protect themselves and the same reply with a summary and link to measures to take to protect yourself in an earthquake.
Thanks!
I expect the birthright citizenship cases to be certified as a class action before the 30 days is up with a preliminary injunction covering the members of the class of all children born in the United States who are subject to the EO.
The government is virtually certain to lose on the merits, so they are trying to avoid judicial review. But federal judges don’t play around.
And yes they would lose on the merits. The thing is that it's only the government can take it to the Supreme Court and only the Supreme Court that can decide it for all the district courts in one go. But since the plaintiffs keep winning, the plaintiffs who take out the cases can't appeal to the Supreme Court. They can only appeal if they lose which will never happen.
So it is up to the Trump admin to appeal. They haven't yet and there is no legal requirement on them to appeal. So they could just never appeal for the rest of Trump's term and then the situation would never be settled until the next president.
That seems to be their game plan. To never appeal and then use the uncertainty to try to deport newborns and their mothers born in states that don't have state level injunctions.
Will see what happens 30 days from now, whether Trump's admin really will try to deport newborns and their mothers before they can travel to a safe state and before they can take out a case in their own state in their favour. Even with class injunctions that may still be possible.
.
Correct, they are trying to avoid judicial review, but federal judges aren't stupid.
Getting a class certified and an injunction against the class is a workaround for the universal injunctions. I expect the judges to be very sympathetic to a class certification. It will probably bounce around the courts without going into effect until the end of Trump's term or until the policy is reversed.
Yes. It only takes a couple of days to do an emergency certification of a putative class and CASA inc. is already on the case.
https://www.politico.com/live-updates/2025/06/27/supreme-court-rulings-decisions-today-news-analysis/class-action-lawsuit-in-00427992
However, we will have to see, but it might not work so well though in this case, because mothers might risk deportation with their kids just for being an illegal immigrant before they can get a court decision for their child. That's because of the way under the Trump administration, ICE has been waiting outside courts to detain undocumented immigrants after their court cases. https://www.nbcnews.com/news/latino/immigrations-arrests-ice-deportations-courthouse-legal-process-ice-rcna209671
In this particular situation the mothers may need to travel to the safe states either to give birth or as soon as possible after giving birth and you can be sure that there will be organizations that pay for the travel to do so.
Robert, can you make sure I’m understanding correctly? So, what I gather is that while this isn’t great, it isn’t catastrophic. We can get the same results in maybe just a little bit more time with emergency certified class action? For example, if they issued an EO freezing mediciad, individuals, states and advocacy groups, hospitals etc would sue. And many of those could file as class action and request to be classified as certified class action to cover everyone in the country on Medicaid in as little as 2-3 days as it would be considered an emergency? And everyone would not have to “opt in” or have filed the original case due to it being a class action and covering everyone person in every state?
Yes and those cases are underway already. The first will be heard 2 pm EDT on Monday 30th June. I've added more detail in the blog post.
In addition the States can also still probably take out a universal injunction - California at least is going to try - the judges left that option open.
No they don't have to opt into the class.
They might in principle still have to prove they belong to the class e.g. when getting a social security number, I don't know how that would work.
The details will all be clarified by 30 days from now.
In theory you'd think they shouldn't need to prove they belong to the class since it's irrelevant since after this emergency injunction whatever their status they should get an SSN but the government perhaps could try to require it as unnecessary red tape??
I just don't know what happens yet not found any sources that go into that detail and it likely depends on the legal cases playing out first.
Also, people are seeming to forget an APA injunction can still be issued to stop an agency action which also renders nationwide relief. An apa injunction was granted in response to the federal funding freeze that was attempted in January.
This isn't just about Birthrright Citizenship it's also about funding freezes, Voter ID Laws, DOGE firings, legality of the Liberation Day Tariffs, ANYTHING that was previously blocked by lower courts. It's all in jeopardy
I've added a new section about this. All of those can have state level injunctions.
Also they can have class injunctions based on an emergency registration for a putative class - this can be done very fast almost as fast as a universal injunction.
There's a bit of a question about that for birthright citizenship just because of the issue that undocumented immigrants might not want to tell the courts that they belong to this class because the government might deport them before their case is completed.
But in most cases it should work fine. It's rarely used and will now be used far more widely.
No judges can still give out injuctions on those things it just can't be universal.
That's the main issue. Folks that live in Texas or a swing state like Pennsylvania are screwed.
I've done a new blog post that I think clarifies the situation a lot should help:
BLOG: How Trump's birthright citizenship Executive Order works
— Federal officers asked to betray oath of office
— protected from following Trump’s illegal orders
— many may refuse
— can't cancel midterms
READ HERE:
https://robertinventor.substack.com/p/why-trumps-birthright-citizenship
I don’t think any state would necessarily be screwed because advocacy groups or even individuals could file a class action lawsuit and request emergency classification as a certified class action. Therefore, it would cover every person in every state, they wouldn’t have to opt into the suit or anything. If you’re someone who fits the description, like a person who would be affected by the tarrifs living in the US (everyone)- an emergency classification as a certified class action can be done rather quickly and provide relief for the entire country and can be done almost as quickly as national injunctions. Basically, they changed up the game, but there’s more than one way to win.
Uh no Texas maybe but Pennsylvania is not a red state, it's a swing state and they're not even in the same circuit.