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.