Friday, June 27, the Supreme Court restricted the power of federal judges: they will no longer be able to suspend, by “universal ordinances”, the application of decrees of the executive power. The case focused on a decree deleting the law of the soil – in violation of 14e Amendment of the Constitution -, for which appeals had been brought not only by 22 states, but also by associations for the defense of migrants and by several pregnant mothers wishing to protect the rights of their child to be born. According to Anne Deysine, lawyer and Americanist, a professor emeritus at the University of Nanterre, the decision of the highest jurisdiction in the United States will lead to Chaos and she threatens public freedoms.
Is the decision of the Supreme Court political?
It is certainly political. Because if the Trump administration has requested emergency intervention from the Supreme Court, it is not because it seeks to defend the legality of the decree ending the automatic obtaining of American nationality for any child born on the territory of the United States: it asks the court to suspend the ordinances called “Universal” rendered by trial judges and confirmed on appeal. However, when a number of decrees made by the Biden administration, on compulsory vaccination for example, had also been suspended by the same type of universal ordinances, the court had done nothing.
Through their questions during the hearing of May 15, right judges showed their hostility towards these ordinances applying not only to the applicants and parties of the trial but to all those whose rights are likely to be violated. Regarding the decree on soil law, a universal order was justified, because it made it possible to avoid creating chaos, with different situations depending on the States. What will happen.
What will be the concrete consequences of this decision, from the point of view of soil law?
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