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sonia sotomayor
Sotomayor: Supreme Court Expedites Trump 'Lawlessness' With Education Department Decision
"That decision is indefensible," the justice wrote. "It hands the executive the power to repeal statutes by firing all those necessary to carry them out."
Jul 14, 2025
U.S. Supreme Court Justice Sonia Sotomayor on Monday delivered a blistering dissent to an emergency decision that enables President Donald Trump to plow ahead with laying off nearly 1,400 employees at the Department of Education while a case challenging the plan plays out.
"This case arises out of the president's unilateral efforts to eliminate a Cabinet-level agency established by Congress nearly half a century ago," wrote Sotomayor, joined by her liberals, Justices Elena Kagan and Ketanji Brown Jackson. "As Congress mandated, the department plays a vital role in this nation's education system, safeguarding equal access to learning and channeling billions of dollars to schools and students across the country each year."
"Only Congress has the power to abolish the department," she continued, calling out Trump's executive order and Education Secretary Linda McMahon's subsequent move to fire half the agency's workforce. "When the executive publicly announces its intent to break the law, and then executes on that promise, it is the judiciary's duty to check that lawlessness, not expedite it."
Sotomayor explained that "two lower courts rose to the occasion, preliminarily enjoining the mass firings while the litigation remains ongoing. Rather than maintain the status quo, however, this court now intervenes, lifting the injunction and permitting the government to proceed with dismantling the department."
"That decision is indefensible," she argued. "It hands the executive the power to repeal statutes by firing all those necessary to carry them out. The majority is either willfully blind to the implications of its ruling or naive, but either way the threat to our Constitution's separation of powers is grave. Unable to join in this misuse of our emergency docket, I respectfully dissent."
If a Democratic president declared his intention to unilaterally shut down the Department of Homeland Security, then attempted to transfer or shutter its key offices and decimate its workforce, does anyone seriously think this Supreme Court would let him?
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— Mark Joseph Stern (@mjsdc.bsky.social) July 14, 2025 at 3:51 PM
The high court's right-wing majority—which includes three Trump appointees—did not write an opinion, as is customary for shadow docket decisions. The administration responded by pledging to proceed with its efforts to eviscerate the department.
"It is a shame that the highest court in the land had to step in to allow President Trump to advance the reforms Americans elected him to deliver using the authorities granted to him by the U.S. Constitution," McMahon said in a statement. "We will carry out the reduction in force to promote efficiency and accountability and to ensure resources are directed where they matter most – to students, parents, and teachers."
Supreme Court says the president can’t abolish student debt, but he CAN abolish the Department of Education.This isn’t hypocrisy. It’s end times fascism—a fatalistic politics willing torch the government and incinerate the future to maintain hierarchy and subvert democracy.
— Astra Taylor (@astra.bsky.social) July 14, 2025 at 4:32 PM
McMahon and Trump's mass firing effort—part of a broader effort to shutter the department—had been blocked by a U.S. district court in Massachusetts and the 1st Circuit Court of Appeals in response to a lawsuit in which Democracy Forward is representing a coalition that includes the American Federation of Teachers and Service Employees International Union.
"We are incredibly disappointed by the Supreme Court's decision to allow the Trump-Vance administration to proceed with its harmful efforts to dismantle the Department of Education while our case moves forward," the coalition said in a Monday statement. "This unlawful plan will immediately and irreparably harm students, educators, and communities across our nation."
"Children will be among those hurt the most by this decision," the coalition stressed. "We will never stop fighting on behalf of all students and public schools and the protections, services, and resources they need to thrive."
The Associated Press reported that "separately on Monday, more than 20 states sued the administration over billions of dollars in frozen education funding for after-school care, summer programs, and more."
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With Its Birthright Non-Decision, the Supreme Court Chickened Out and Left a Mess Behind
Barrett and the conservative majority produced a complicated and confusing procedural ruling that leaves the executive order in legal limbo.
Jul 10, 2025
Just how bad is the Supreme Court’s June 27 decision on birthright citizenship? Among progressive and liberal commentators, the thinking is surprisingly mixed. Some assert that Trump v. CASA “couldn’t be more disastrous” and will leave the Trump administration with “blood on its hands”; others see “silver linings” in the ruling.
The reason for the diverse reactions is simple: The 6-3 majority decision written by Justice Amy Coney Barrett didn’t address the underlying issue in the case—the constitutionality of President Donald Trump’s executive order ending birthright citizenship under the 14th Amendment for the children of undocumented immigrants. Instead, Barrett and the conservative majority produced a complicated and confusing procedural ruling that leaves the executive order in legal limbo, intact for now but subject to further litigation.
As I have written before, Trump’s birthright order defies the plain text of the very first sentence of the 14th Amendment. Known as the “Citizenship Clause,” the sentence reads: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Had Barrett and her confederates not ducked the underlying issue of the executive order’s constitutionality, they would have been forced either to rewrite the Citizenship Clause to uphold the order—a step even they apparently are not yet prepared to take—or invalidate a centerpiece of the MAGA mass deportation agenda.
The executive order stunningly disregards these easily understood words, proclaiming that the amendment “has never been interpreted to extend citizenship universally to everyone born within the United States,” but was adopted only to repudiate the Supreme Court’s infamous Dred Scott decision that denied citizenship to Black Americans.
But while repudiating Dred Scott was the immediate impetus for crafting the Citizenship Clause, the Senate and the House debates in 1866 extended far beyond that notorious decision.
The clause was introduced in the Senate by Jacob Howard of Michigan on May 30, 1866, as an add-on to the draft of the 14th Amendment formulated by the House. The clause tracked similar language contained in the Civil Rights Act of 1866 and followed the general principles of English common law and the ancient doctrine of jus solis (the “law of the soil’’)—the principle that all those born within the geographic boundaries of a nation are citizens at birth. (More than 30 countries today recognize the doctrine, including the United States, Canada, and Mexico. Great Britain modified its nationality law in 1981.)
In his introductory remarks, Howard noted the phrase “subject to the jurisdiction” of the United States meant that the citizenship clause would not apply to the children of ambassadors or foreign ministers, the children of occupying foreign soldiers, or to the offspring of Native Americans who claimed allegiance to tribal governments, but that the clause would “include every other class of person,” regardless of race or descent. (Native Americans were accorded citizenship by legislation passed in 1924.)
The citizenship clause, Howard said, “settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States.”
Trump’s executive order also contradicts the court’s precedent opinions dating back to the landmark 1898 case of United States v. Wong Kim Ark, which recognized the citizenship of a man born in the U.S. to parents who at the time were subjects of the Chinese Emperor but domiciled in California. That case and other later decisions demonstrate the inclusive nature of the Citizenship Clause.
Had Barrett and her confederates not ducked the underlying issue of the executive order’s constitutionality, they would have been forced either to rewrite the Citizenship Clause to uphold the order—a step even they apparently are not yet prepared to take—or invalidate a centerpiece of the MAGA mass deportation agenda.
In the end, they chose to do neither.
But they still managed to hand Trump the next best thing to a total victory. Barrett’s ruling granted the administration’s request for a “partial stay” (or pause) on three nationwide preliminary injunctions that had been issued by three federal district court judges—which blocked the birthright order from taking effect anywhere in the country—and sent the cases back to the district judges for further consideration to weed through and apply the jurisprudential mess that Barrett left behind.
In a tortured analysis that New York Magazine’s Chas Danner called “an originalist fever dream,” Barrett limited the court’s review to the sole question of whether, under the Judiciary Act of 1789, federal courts have the authority to issue nationwide, or “universal,” injunctions. The act was one of the first laws passed by Congress after the ratification of the Constitution, and in modified form remains on the books in Title 28 of the United States Code. And as Barrett noted, it is the Judiciary Act that has endowed federal courts with jurisdiction over “all suits… in equity,” and that “still today… authorizes the federal courts to issue equitable remedies,” such as injunctions.
As an originalist, Barrett interprets the Constitution and federal statutes rigidly according to their text and their “original public meaning,” discounting evolving legal norms and practices as well as contemporary social values and needs. When it comes to universal injunctions, however, originalists have a problem. No federal statute, including the Judiciary Act, explicitly authorizes judges to issue nationwide injunctions, but no statute prohibits them from doing so.
In the absence of any guidance from the 1789 act, Barrett and the majority revved up their originalist wayback machine to examine how the English High Court of Chancery operated at the time of the founding, asking if that court issued forms of equitable relief analogous to contemporary universal injunctions. “The answer,” she wrote, “is no.” Equitable remedies at the time of the founding, she concluded, could provide “complete relief between the parties” to a lawsuit, but “complete relief is not synonymous with universal relief” that applies throughout an entire country.
But then, in another confusing twist, Barrett offered the aforementioned silver linings, writing that legal challenges to Trump’s birthright order might proceed under the Administrative Procedures Act, or as class actions, or in lawsuits brought by individual states seeking relief on behalf of their own residents, which 22 states to date have joined. Barrett left it to the district courts to determine which of these alternative legal avenues might suffice, and she gave them 30 days to do so before the executive order takes effect.
In a blistering dissent, Justice Sonia Sotomayor charged that Barrett’s opinion “kneecaps the Judiciary’s authority to stop the Executive from enforcing even the most unconstitutional policies” and that “newborns subject to the Citizenship Order will face the gravest harms imaginable,” jeopardizing their “chance to participate in American society… unless their parents have sufficient resources to file individual suits.”
In another scathing dissent, Justice Ketanji Brown Jackson blasted Barrett’s opinion “as an existential threat to the rule of law.”
Trump, by contrast, hailed the court’s decision, boasting that it will unblock other items on his political agenda that have been stymied by district court injunctions.
In the meantime, attorneys in the CASA case have amended their complaint to proceed as a class action, and New Jersey Attorney General Matthew Platkin has expressed confidence that broad injunctions stopping Trump’s executive order can still be enforced in lawsuits filed by state governments.
Whether the new legal maneuvers succeed remains to be seen. None would be necessary if the Supreme Court had stood up to Trump and done its job in the first place.
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Supreme Court OKs Trump 'Third Country' Deportation of Men Held in Desert Shipping Container
Justice Sonia Sotomayor warned in a dissent to a previous ruling on the case that the decision exposes "thousands to the risk of torture or death."
Jul 03, 2025
The Supreme Court on Thursday cleared the way for the Trump administration to send eight men deported from the United States and currently in limbo on a U.S. military base in Djibouti to South Sudan, where only one of the deportees is from, under a policy of fast-tracking deportations to third countries.
In an apparent 7-2 unsigned decision, with liberal Justices Sonia Sotomayor and Ketanji Brown Jackson dissenting, the high court lifted an order from U.S. District Judge Brian Murphy blocking the deportation of the men—who are originally from Cuba, Laos, Mexico, Myanmar, South Korea, South Sudan, and Vietnam—to war-torn South Sudan, one of the world's most dangerous countries.
NEW: The U.S. Supreme Court allows the Trump administration to send people subject to deportation to countries they have no connection with that are so dangerous the Trump administration advises Americans not to travel there. The case involves eight men the Trump regime wants to send to South Sudan.
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— Chris Geidner (@chrisgeidner.bsky.social) July 3, 2025 at 2:29 PM
The men, who have all been convicted of serious crimes in the United States, have been detained for six weeks at Camp Lemonnier, a U.S. base in the Horn of Africa nation of Djibouti. They have been nearly constantly shackled and are under constant guard in a shipping container. The container reportedly is equipped with air conditioning.
Neither the United States nor South Sudan has explained what will happen to the men upon their arrival in the East African nation.
Last month, the Supreme Court temporarily lifted Murphy's preliminary injunction, which had enabled migrants to file claims of persecution before their deportation to counties where they have no ties in a highly controversial process called third-country removal.
Dissenting in that ruling, Sotomayor wrote that the ruling exposes "thousands to the risk of torture or death."
The administration then accused Murphy of defying the high court's ruling by insisting that the eight men still could not be sent to South Sudan and asked the justices for the clarification that came with Thursday's decision.
"They're now subject to imminent deportation to war torn South Sudan, a place where they have no ties and where it is possible, if not probable, that they will be arrested and detained upon arrival," Trina Realmuto, an attorney for the men, told Politico Thursday. "This ruling is condoning lawlessness."
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