Supreme Court Walks Right Into Instant Checkmate - Legal AF by MeidasTouch

Summary

Legal AF by MeidasTouch: Episode Summary

Episode Title: Supreme Court Walks Right Into Instant Checkmate
Release Date: June 28, 2025
Hosts: Ben Meiselas, Michael Popak, Karen Friedman Agnifilo
Executive Producer: Meidas Media Network

Introduction

In this compelling episode of Legal AF by MeidasTouch, national trial lawyer strategist Michael Popak delves into the recent landmark Supreme Court decision affecting birthright citizenship and its intricate legal ramifications. Released on June 28, 2025, the episode provides an in-depth analysis of how the Supreme Court's ruling has set the stage for a complex legal battle involving class action lawsuits and executive powers.

Supreme Court Decision on Birthright Citizenship

Michael Popak begins by addressing the Supreme Court's pivotal ruling that upholds birthright citizenship, asserting that it cannot be altered by executive order alone. He highlights the court's stance that no single judge, regardless of precedent, holds the authority to implement a nationwide injunction against such a decision.

"A new Motion for Temporary Restraint Restraining Order to Protect Birthright Citizenship in the wake of just several hours ago the Supreme Court ruling this morning," Popak explains ([01:31]).

He references Justice Kavanaugh's concurring opinion, which emphasizes that any attempt to challenge the Supreme Court's decision must proceed through a class action mechanism. This sets the precedent for the subsequent legal maneuvers.

Legal Responses and Class Action Strategy

Popak outlines the immediate legal responses following the Supreme Court's decision. Within 90 minutes, lawyers filed a motion for class certification and a temporary restraining order in Maryland, mirroring Justice Sotomayor's dissenting opinion.

"Almost on cue, there was a motion filed for class certification and for a temporary restraining order," he notes ([03:15]). This swift action underscores the preparedness of public interest groups and law firms to counter the executive order impacting birthright citizenship.

He elaborates on the concept of class certification, explaining its significance in representing a large group of similarly affected individuals.

"Class actions allow a judge to handle allegations... as a putative class action representing a group of people similarly situated," Popak explains ([05:45]).

Implications for Affected Families

The episode delves into the real-world implications of these legal maneuvers, particularly for families with children born in the United States. Popak highlights the immediate uncertainties faced by these families, such as access to federal funding, benefits, and international travel documents.

"Babies born in red states aren't going to be declared non-citizens and cut off from federal funding and other benefits," he states ([07:20]). This situation places families in a precarious position as the legal battle unfolds.

Judicial Perspectives and Future Proceedings

Popak discusses Judge Boardman's role in Maryland, who has certified a class of 250 individuals affected by the executive order. He emphasizes the ongoing legal strategy, which involves obtaining a temporary restraining order to halt the enforcement of the order until a comprehensive ruling is made.

"Judge Boardman certified the class and set up a bond, issuing a class-wide injunction," Popak remarks ([09:10]). This move is seen as a critical step in challenging the executive order on constitutional grounds.

He also anticipates the appellate process, noting that the Fourth Circuit Court of Appeals will play a significant role before any potential return to the Supreme Court.

"The case could ultimately reach the Supreme Court next term, starting in October," he predicts ([10:50]). This timeline suggests a prolonged legal struggle with lasting impacts on birthright citizenship policies.

Organizations Leading the Charge

Popak acknowledges the swift and effective response from organizations such as the Asylum Seeker Advocacy Project and the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center. Their proactive measures have been instrumental in filing the necessary motions promptly.

"Kudos to the lawyers representing the plaintiffs... for filing so quickly," he commends ([10:05]). These organizations are at the forefront of defending constitutional rights amid unprecedented political challenges.

Conclusion and Looking Ahead

As the episode concludes, Popak underscores the importance of ongoing vigilance and legal advocacy to protect birthright citizenship. He hints at future discussions and updates on the case, promising to keep listeners informed about the evolving legal landscape.

"We'll continue to follow... the irreparable harm being alleged in these new filings," Popak assures ([11:20]). The episode sets the stage for continued analysis and updates on this high-stakes legal battle.

Notable Quotes:

"Class actions allow a judge to handle allegations... as a putative class action representing a group of people similarly situated." – Michael Popak ([05:45])
"Judge Boardman certified the class and set up a bond, issuing a class-wide injunction." – Michael Popak ([09:10])
"We'll continue to follow... the irreparable harm being alleged in these new filings." – Michael Popak ([11:20])

This episode of Legal AF by MeidasTouch offers a thorough exploration of the Supreme Court's decision on birthright citizenship, the strategic legal responses it has prompted, and the broader implications for families and constitutional law. Michael Popak's expert analysis provides listeners with a clear understanding of the complex interplay between law and politics in this critical issue.

Transcript

A (0:00)

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B (1:31)

Did Donald Trump and the United States Supreme Court think the public interest groups and law firms defending birthright citizenship weren't going to be at the ready to file a new motion for class certification? A new Motion for Temporary Restraint Restraining Order to Protect Birthright Citizenship in the wake of just several hours ago the Supreme Court ruling this morning not that birthright citizenship can be changed by executive order, not yet, but that no judge, despite 100 years of precedent, has the power to enforce or to impose a nationwide or universal injunction to oppose a universally unconstitutional decision by Donald Trump that affects every baby born regardless of state. It doesn't matter to the United States Supreme Court. They said you can't do it that way. The best you could do would be do it by class action. That's what Kavanaugh said in his dissent or his concurrence. You'll have to do it by class action, which will be the equivalent of an injunction. And so to my or said get on your horses, file that class action and ask for a temporary restraining order. And just less than about 90 minutes later, right on cue in front of Judge Boardman in Maryland, the lawyers for that case filed what? A motion for class certification and for temporary restraining order. All unpack it. I'll break it down the only way I know how without blowing smoke or sunshine here on the Midas Touch Network and Legal af. This is a very quick, fast moving story. I just did a hot take up on the network about what happened. And as we anticipated, because Sotomayor is so smart, we knew that already, but we. But once again, Sotomayor says, in effect, here's what she said in her dissent, which exactly matches what just got filed. Those papers were already prepared. I just did another interview with Leah Littman of Strict Scrutiny up on Legal af, and we half joked off talking about the Supreme Court decision that I said, leah, the papers are already drafted, aren't they? She said, yes. And then like an hour later, they got filed. Here's what Sotomayor, here's her guidance. Here's her little Easter egg in her dissent. Nevertheless, the parents of children covered by the citizenship order would be well advised to file promptly class action suits and to request temporary injunctive relief for the putative class pending class certification. That is exactly to a T what they just did. In fact, when they filed it, they did a little roasting of Kavanaugh because in their paper and their motion for class wide certification and their motion for here's what they said on page two of their motion for class wide certification, Justice Kavanaugh's concurring opinion confirms that district courts may, quote, grant or deny the functional equivalent of a universal injunction, for example, by granting or denying a preliminary injunction to a putative national class under 20, Rule 23. And Justice Sotomayor's dissenting opinion notes that the majority leaves untouched one important tool to provide broad relief to individuals subject to lawless government conduct. Rule 23B2, class certification for injunctive relief. Thus, the parents of children covered by the citizenship order are well advised to follow my lead. Justice Sotomayor said, And that's what they've done. Let me break it down for you. That's a lot of words. Let's do a Legal AF TED Talk right now about class certification. It usually comes up in other contexts, usually products liability cases where people are injured, you know, other types of things where there's an injured class that's very numerous with typical, typical type claims. You know, they have numerosity we call it, they have typicality, we call it. And therefore they go to federal court not as an individual action, not as an individual lawsuit, but as a putative class action representing a group of people similarly situated. We call that collective action. And collective or class action is governed by a rule of civil procedure. It allows a judge to handle allegations of. It could be breach of contract, it could be fraud, it could be constitutional abuse by a president all in one courtroom with one or two or three classes, plaintiff representatives and a class certified and then grant relief. That's exactly what we just saw with Judge Boasberg, who saw the writing on the wall with the oral arguments about this case before the decision came down. And he certified a class of 250 people, all similarly situated, sent to El Salvador in the middle of the night without due process or habeas corpus rights. And then he certified the class, set up a bond, because sometimes you have to put a bond up for this or a surety of a dollar and then issued a class wide injunction, which as we just saw from Justice Kavanaugh and his concurrence, is the equivalent of a nationwide injunction. So you get there eventually. It's just that the ruling, the Supreme Court is reserving for themselves the sole power to declare nationwide a policy procedure or law unconstitutional. They don't want the lower federal courts to do it obviously, but they want to get the issue up to them. And then we're going to have to rely on appellate stays and blocks and Supreme Court stays and blocks in order to make sure that like babies born in red states like right now aren't going to be declared non citizens and cut off from federal funding and other benefits that they get from being citizens and aren't. How about if they want to travel out of the country? You know, I, my, my baby got a baby passport in the first three months because we were planning on travel. So they're, they're nationless people. And what country they're born here? Answer me, riddle me this, what country are they a part of? What? Who's going to issue them a passport? Who? Their parents are from Mexico. So Mexico is going to issue them a passport. They're born in a hospital in Massachusetts, in Washington and Maryland. So right on cue, there's three cases that were the subject of this Supreme Court decision from this morning, literally from Friday morning. Rhode Island, Maryland, Washington State, all three nationwide injunctions now have been pared back to at best an injunction about the three plaintiffs or four plaintiffs that are in front of, that are in front of Them or for that particular state. What about the other 47 states? What about the rest of the people? Well, now we got to go through the class action methodology, got to file a class action. It's got to be certified. It's going to be opposed by the Trump administration. Then we're going to be off and running on, on an appeal. Once somebody like Judge Boardman who is going to certify this class in Maryland, they've also asked her at the same time for a temporary restraining order to stop the enforcement of the executive order to rip away the birthright citizenship until she's got briefing and a chance to rule. She's already said that that executive order is unconstitutional. The question now is about what kind of remedy she can fashion. And the Supreme Court having now taken one major tool out of her toolbox, the tool of nationwide injunctions. So now she's got a rummage around her toolbox looking for something else. I got it. Class actions certification and an injunction around that. That's where we're, that's where we are at now. So kudos to the lawyers representing the plaintiffs in these cases and for them filing so quickly and having at the ready their, their various motions. So they've got the motion for class wide temporary restraining order. They're asking for that to be done immediately. You could see me back up here tomorrow. Talking about whether the judge did or did not enter the temporary restraining order temporarily. At the same time, they're asking the judge to quickly certify the class in join so that we can have, here's, here's the order of operation. She will certify that class. She'll allow briefing very short track. She'll hold oral argument next several days. She certifies the class along with a temporary restraining order. Now, the party on the, on the losing end of that either preliminary injunction or temporary restraining order takes an appeal to the Fourth Circuit Court of Appeals for Maryland. I think that's a good place to start. By the way, 4th Circuit has some amazing judges, most of the moderate, let's say they rule against the Trump administration on now the merits of the case. See, the Supreme Court wasn't dealing with the merits of birthright citizenship, but now the merits of the case are up for grabs. Can Donald Trump by executive order rip out the beating heart of birthright citizenship, yes or no. From the constitution and the 14th amendment that came out of our Civil War reconstruction period. So now that goes to the fourth Circuit Court of Appeals. The loser takes it on an emergency application to the United States Supreme Court over the summer. I don't think they're going to do it by an emergency application process where they just have two briefs, no oral argument. I think they have additional briefing. I think they set it for oral argument. And then they get around over the summer to hearing the case. They could roll it to the next term starts the first Monday in October. That leaves a lot of babies in limbo. And this is all about the babies. What about the babies right now? That's the irreparable harm that's being alleged in these new filings. So we'll continue to follow. But I wanted to give a tip of the hat to the organization here. There's three separate ones, but the organization here that has moved so quickly and so great in response to Kagan and Sotomayor to write all these things. That would be the Asylum Seeker Advocacy Project and the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center. Well, they're in Washington anyway, so there you go. So until my next report on Midas Touch Network or on Legal af, take a moment, hit the subscribe button on Legal af. I will post these filings on Legal AF substack under Filings AF and the original opinion about the United States from the United States Supreme Court under scotus. Till my next report, I'm Michael Popak.